LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA 

C>IF"T  OF" 


Received  ,  190 

Accession  No.       82  746   .    Class  No. 


New  Jersey 


SCHOOL    LAWS 


With 


Notes,  Blanks  and  Forms 


For  the 


Use  and  Government  of  School  Officers 


Prepared  by  the 


State  Superintendent  of  Public  Instruction. 


To  be  Preserved  and  Delivered  by  Each  Officer  to  His  Successor. 


TRENTON,  N    J. 
MacCrellish  &  Quigley,  Book  and  Job  Printers 

•  894 


67 


Extracts 

From  the  State  Constitution  Respecting  the  Public  Schools. 


SECTION  VII. 

6.  The  fund  for  the  support  of  free  schools,  and  all  money,  stock 
and  other  property  which  may  hereafter  be  appropriated  for  that  pur- 
pose, or  received  into  the  treasury  under  the  provision  of  any  law 
heretofore  passed  to  augment  the  said  fun  1,  shall  be  securely  invested 
and  remain  a  perpetual  fund;  and  the  income  thereof,  except  so  much 
as  it  may  be  judged  expedient  to  apply  to  an  increase  of  the  capital, 
shall  be  annually  appropriated  to  the  support  of  public  free  schools, 
for  the  equal  benefit  of  all  the  people  of  the  State  ;  and  it  shall  not 
be  competentffor  the  Legislature  to  borrow,  appropriate  or  use  the 
said  fund,  or  any  part  thereof,  for  any  other  purpose,  under  any  pre- 
tence whatever.  The  Legislature  shall  provide  for  the  maintenance 
and  support  of  a  thorough  and  efficient  system  of  free  public  schools 
for  the  instruction  of  all  the  children  in  this  State  between  the  ages 
of  five  and  eighteen  years. 

11.  The  Legislature  shall  not  pass  private,  local  or  special  laws 
providing  for  the  management  and  support  of  free  public  schools. 


82746 


he  ScnooT  -aw 


AN  ACT  to  establish  a  System  of  Public  Instruction. 
STATE  BOARD  OF  EDUCATION. 

1.  BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of ' 
the  State  of  New  Jersey,  That  the  general  supervision  and  u 
control  of  public  instruction   in   the  State  of  New  Jersey  §1 
shall  be  vested  in  a  state  board  of  education,  which  board 
shall  consist  of  two  members  from  each  congressional  dis- 
trict, only  one  of  whom  shall  be  a  member  of  the  same 
political   party,   and   no  two  of  whom    shall   reside  in  the 
same  county,  except  where  a  congressional  district  lies  en- 
tirely within  one  county ;  said  members  shall  be  appointed 
by  the  governor,  by  and  with   the  consent  of  the  senate, 
and  shall  hold  office  severally  for  the   term  of  five  years, 
and  until  their  successors  shall'  be  appointed  as  aforesaid, 
and  hereafter,  in  the  place  of  those  whose  terms  expire,  suc- 
cessors in  like  manner  and  fora  like  term  shall  be  appointed, 
so  that  there  shall  always  be  two  members  from  each  con- 
gressional district;    and  in  case  of  any  vacancy  by  death, 
resignation  or  otherwise,  a  successor  for  the  unexpired  term 
shall  in  like  manner  be  appointed. 

2.  The  members  of  the  state  board  of  education  already 
appointed  shall   continue   in   office,  severally  for  the   terms 
for  which  they  have  been   appointed  ;  provided,  however, 
that  this  section  shall  not  apply  to  any  congressional  dis- 
trict which   now  has  two  members  of   said  state  board  of 
education  who  are  both  members  of  the  same  political  party, 
but  the  terms  of  office  of  each  of  said  members  shall  terminate 
upon  the  passage  of  this  act,  and  two  members  shall   be  ap- 
pointed from  said  district   in   the   manner  provided  in  the 
first  section  of  this  act,  one  of  whom  shall  be  appointed  for 
the  full  term  of  five  years  and  one  for  the  term  for  which 
the  members  from  said  district  would  have  served  as  mem- 


SCHOOL  LAWS. 


Trustees  of 
state  normal 
,  school. 
P.  L.  1892. 
Chap.  CI,§2. 
(See  sec.  79  to 
87'-] 


Trustees  of  deaf- 
mute  school. 
P.  L.  1891. 
Chap.  XCVII, 

?2. 

[See  sec.  88  to 
95-] 


Quorum. 

P.  L.  1875. 

Chap.  LXIX, 

I  L 

i  See  sec.  40.] 

Powers  and 

duties. 

P.  L. 1867. 

Chap. 

CLXXIX,g2. 

Make  rules 

[See  sec.  76,  77. 

152,  235, 240  and 


Recommend 

laws. 

[See  sec.  21.] 


Appoint  county 
superintendents. 
P.  L.  1889. 
Chap   CLXV, 

§   x- 

[See  sec   25.] 
Make  rules  for 
institutes. 
P.  L. 1867. 
Chap. 
CLXXIX,§2. 

Authorize  pay- 
ment of  expenses 
of  state  superin- 
tendent. 
Ibid,  g  2. 


bers  of  said  hoard  had  their  terms  of  office  not  heen   termi- 
nated by  this  act. 

3.  The   board  of  trustees  of  the  state  normal  school   is 
hereby  abolished  ;  all  the  duties  and  offices  of  such  board 
shall    hereafter    be  exercised    and    performed    by  the  state 
board  of  education,  provided  for  in  the  first  section  of  this 
act. 

4.  Said    institution  (New  Jersey   school   for  deaf-mutes) 
shall   be   under  the  control   and  management  of  the  state 
board  of  education  ;  such  board  shall   have  all  the  powers 
and  perform  all  the  duties  of  the  board  of  trustees  created 
by  the  act  to  which  this  is  a  supplement,  which  board  of 
trustees  is  hereby  abolished. 

(For  the  powers  and  duties  of  the  state  board  of  educa- 
tion as  trustees  of  the  state  normal  school  and  trustees  of 
the  New  Jersey  school  for  deaf-mutes,  see  "  Normal  School  " 
and  "  Deaf-Mute  School.") 

5.  A  quorum  of  the  state  board  of  education  shall  con- 
sist of  eight  members. 

6.  The  state  board  of  education  shall  have  power,  and  it 
shall  be  their  duty  : 

I.  To  frame  and  modify  at  pleasure  such  by-laws  as  may 
be  deemed  expedient  for  their  own  government,  not  incon- 
sistent with  the  provisions  of  this  act,  and  to  prescribe  and 
cause  to  be  enforced  all  rules  and  regulations  necessary  for 
carrying  into  effect  the  school  laws  of  this  state; 

II.  To  consider  the  necessities  of  the  public  schools,  and 
recommend  to  the  legislature,  from  time  to  time,  such  addi- 
tions and  amendments  to  the  laws  as  are  deemed  necessary 
for  perfecting  the  school  system  of  the  state ; 

III.  To  appoint  the  county  superintendents  of  the  several 
counties  of  the  state ; 

IV.  To  prescribe  all  rules  and  regulations  for    holding 
teachers'  institutes; 

V.  To  authorize   the   payment   by  the   treasurer  of  the 
school  fund,  upon  the  warrant  of  the  state  comptroller,  of 
all  the  necessary  incidental  expenses  incurred   by  the  state 
superintendent  in  the  performance  of  his  official  duties; 


SCHOOL  LAW. 


VI.  To  decide  all  appeals  from  the  decision  of  the 
superintendent  of  public  instruction. 

7.  The  me  mbers  of  the  board  shall  receive  no  compensa- 
tion  for  their  services,  but  the  treasurer  of  the  school  fund  £haLp 
shall  pay  the   necessary  expenses  of  the  said  members,  upon  j^e'e^ec  .4i36, 
the  warrant  of  the  state  comptroller. 

8.  The  board    shall  report  annually  to  the  legislature  in  Annual  report. 
regard  to  all  matters  committed  to  their  care.  CLXXIX  §4 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTCUCTION. 

9.  The  state   superindendent  of  public  instruction  shall  ^ 
be  appointed  by  the  governor,  by  and  with  the  advice 

consent  of  the  senate,  for  the  term  of  three  years,  and  until  chap.'v/g  x 
his   successor    is    appointed,  and   shall    receive  annually  a 
salary   of   three  thousand  dollars,  to    be  paid    out   of  the 
income  of  the  school  fund  ;  provided,  that  nothing  herein  Proviso 
contained  shall  prevent  his  re-appointment. 

10.  He  shall   be   required  to  have  his  office  in  the  state  ^ccaedon  °f 

1  m  P-  L.  1867, 

house,  at  Trenton.  chap. 

11.  It  shall   be  his  duty  to  carry  out  the  instructions  of  To  carry  out 


the  board,  and  to  enforce  all  rules  and  regulations  prescribed  stSe 
by  them. 

12.  He  shall  be,  ex  officio,  secretary  of  the  board  of  edu-  SgT" 
cation,  president  of  the  state  association  of  school  superin- 
tendents, and  a   member  of  the  state  board  of  examiners, 

and  of  all  county  and  city  boards  of  examiners. 

13.  He  shall   have  the  supervision  of  all   the  schools  of  scjKob.  l°' 
the  state  receiving  any  part  of  the  state  appropriation,  and 

shall  be  the  general  adviser  and  assistant  of  the  county 
superintendents  ;  he  shall,  from  time  to  time,  as  he  shall 
deem  for  the  interests  of  the  schools,  address  circular  letters 
to  said  superintendents,  giving  advice  as  to  the  best  manner 
of  conducting  schools,  constructing  school  houses,  furnish- 
ing the  same,  and  procuring  competent  teachers. 

14.  The  state  superintendent,  under  the  direction  of  the^S^^^s 
trustees  of  the  school  fund,  shall  apportion  to  the  several  [sle  SLIOI52.] 
counties  the  state  school  moneys  to  which  each  may  be  enti- 

tled, which  apportionment  shall  be  made  in  the  ratio  of  the 


SCHOOL  LAW. 


number  of  children  between  the  ages  of  five  and  eighteen 
in  the  said  counties,  as  ascertained  by  the  last  annual  report 
of  the  state  superintendent ;  he  shall  furnish  to  the  state 
comptroller,  and  to  the  county  superintendent  and  the 
county  collector  of  each  county,  an  abstract  of  such  appor- 
tionment, and  shall  draw  his  order  on  the  state  comptroller 
for  the  amount  to  which  each  county  is  entitled,  in  favor  of 
the  county  collector  of  said  county. 
Power  of  with-  15.  He  shall  have  power,  and  it  shall  be  his  duty  to 

holding  school        ...  . 

moneys.  direct  and  cause  the  county  superintendent  of  any  county, 

[See  sees.  23, 33,  or  any  board  of  trustees  or  other  school  officers,  to  withhold 

1 10  and  344* 

from  any  officer,  or  district,  or  teacher,  that  part  of  the  state 
appropriation  derived  from  the  revenue  of  the  state,  until 
such  officer,  district  or  teacher  shall  have  complied  with  the 
provisions  of  this  act  and  its  supplements,  relating  to  his, 
its  or  their  duties,  and  with  all  the  rules  and  regulations 
made  in  pursuance  thereof  by  the  state  board  of  education ; 
he  shall  forbid  the  payment  of  said  part  of  the  state  appro- 
priation to  any  district  in  which  the  school  or  schools  have 
not  been  kept  according  to  law,  or  in  which  a  public  school 

[See  sec.  ML]  has  not  been  kept  for  at  least  [nine]  months  during  the  year 
next  preceding  the  demand  for  payment. 

Blanks  and  jg.  He  shall  prepare,  and   cause  to   be   printed,  suitable 

forms,  how  A        l  l  ' 

finished  forms  for  making  all  reports  and  conducting  all  necessary 
[See  sec.  1 80.]  proceedings  under  the  school  laws  of  this  state,  and  shall 
transmit  them  to  the  local  school  officers  and  teachers ;  he 
shall  cause  all  school  laws  to  be  printed  in  pamphlet  form, 
and  shall  annex  thereto  forms  for  making  reports  and  con- 
ducting school  business. 

TO  decide  dis-         17.  He  shall  decide,  subject  to  appeal  to  the  state  board 
ibids§  13.          of  education,  and  without  cost  to  the  parties,  all  controver- 

[See  sees.  6,  div.     .  .  1  i         i     i  c    *\. 

vi.  and  34.]  sies  or  disputes  that  may  arise  under  the  school  laws  ot  the 
state  or  under  the  rules  and  regulations  prescribed  by  the 
state  board  of  education,  the  facts  of  which  controversies  or 
disputes  shall  be  made  known  to  him  by  written  statements 
by  the  parties  thereto,  verified  by  oath  or  affirmation,  if 
required,  and  accompanied  by  certified  copies  of  all  docu- 
ments necessary  to  a  full  understanding  of  the  question  in 


SCHOOL  LAW. 


dispute;  and  his  decision  shall  be  binding  until  a  different 
decision  shall  be  given  by  the  state  board  of  education. 

18.  He  shall    preserve    in    his  office  such  school  books,  S 
apparatus,    maps,    charts,    works   on    education,    plans    fbrlbldgl4 
school   buildings,  and    other   articles  of  interest  to  school 
officers  or  teachers,  as  may  be  secured  without  expense  to 

the  state. 

19.  He  shall  file  all  school  reports  of  this  state  and   of  File  report?,  &c. 
other  states  which  may  be  sent  to  his  office,  and  shall  keep  a 

record  of  all  the  acts  connected  with  his  official  duties,  and 
preserve  copies  of  all  the  decisions  given  by  him. 

20.  He  shall  provide  a  seal,  with  suitable  device,  for  use  ^f*1^6*1- 
in  his  office,  by  which  all  his  official  acts  and  decisions  may 

be  authenticated. 

21.  He  shall  report  to  the  state  board   of  education,  at  Annual  report. 

Ibid.  §  17. 

its  annual  meeting  in  December  of  each  year,  a  statement  ofjSee»ec.6, 
the  condition  of  the  public  schools  and  of  all  the  educa- 
tional institutions  receiving  support  from  the  state,  which 
report  shall  contain  full  statistical  tables  of  all  items  con- 
nected with  the  cause  of  education  that  may  be  of  interest 
to  the  school  officers  or  people  of  the  state,  together  with 
sucli  plans  and  suggestions  for  the  improvement  of  the 
schools  and  the  advancement  of  the  public  instruction  in 
the  state  as  he  shall  deem  expedient. 

22.  He  shall,   at  the  expiration   of  his   term   of  office,  Deliver  property 

7  to  successor. 

deliver  to  his  successor  his  official  seal,  together  with  alllbid-?z8 
property,    books,    documents,    maps,    records,    reports    and 
other  papers  belonging  to  his  office,  or  which   may   have 
been  received  by  him  for  the  use  of  his  office. 

23.  He  shall  (unless  the  state  board  of  education  shall,  ^F^^- 
for  good  cause  shown,  otherwise  direct)  have  power,  and  it  p0^y^7a 
shall  be  his  duty,  to  direct  and  cause  the  county  collector  of  DXX'VIII,§I. 
any   county   to   withhold   from   any  county  superintendent  ^0^34^]' 33' 
any  portion  of  his  salary  until   he  has  fully  complied  with 

the  provisions  of  the  act  to  which  this  is  a  supplement,  or 
any  of  its  supplements,  relating  to  his  duties;  and  (unless 
the  state  board  of  education  shall,  for  good  cause  shown, 
otherwise  direct)  it  shall  be  his  duty  to  direct  and  cause  the 
county  superintendent  of  any  county,  or  any  board  of  trus- 


10  SCHOOL  LAW. 


Suspend  or  re- 


tees  or  school  officers,  to  withhold  from  any  officer,  or  dis- 
trict, or  teacher,  that  part  of  the  state  appropriation  derived 
from  the  revenue  of  the  state  until  such  officer,  district  or 
teacher  shall  have  complied  with  the  provisions  of  the  act 
to  which  this  is  a  supplement,  or  any  of  its  supplements, 
relating  to  his,  its  or  their  duties,  and  with  all  the  rules  and 
regulations  made  in  pursuance  of  any  of  these  acts  by  the 
state  board  of  education  ;  and  by  and  with  the  advice  and 
voke  teacher's  consent  of  the  state  board  of  education,  he  shall  have  power, 
and  it  shall  be  his  duty,  to  suspend  or  revoke  the  license  of 
any  teacher,  when  the  couuty  superintendent  shall  make 
formal  report  that  such  teacher  does  not  possess  the  attain- 
ments or  qualifications  which  are  essential  to  his  office,  or 
that  the  school  or  department  of  a  school  under  the  charge 
of  such  teacher  is  suffering  from  his  or  her  incompetency,  or 
from  his  or  her  failure  or  inability  to  govern  or  instruct  the 
children  who  are  under  his  or  her  care. 

24.  The  state  superintendent  of  public  instruction  shall 
Prepare  plans  cause  to  be  prepared  and  printed  in  convenient  form  p'ans 
fpr  LChi°8°8Qh01  iesand  general  specifications  for  the  construction  of  school- 
g  tap  '  houses  of  the  various  sizes  and  styles  adapted  to  the  needs 

of  this  state,  with  such  general  directions  as  to  heating, 
lighting,  ventilation  and  other  sanitary  conditions  and 
details  as  may  be  desirable,  and  shall  furnish  such  plans  and 
directions,  upon  application,  to  school  trustees  and  other 
Proviso.  school  officers  of  this  state ;  provided,  that  not  more  than 

five  hundred  dollars  shall  be  expended  for  this  purpose  in 
any  one  year,  and  that  the  same  shall  be  paid  on  the  war- 
rant of  the  comptroller  out  of  the  income  of  the  school 
fund. 


COUNTY   SUPERINTENDENTS. 

25.  The  state  board  of  education  shall  appoint  for  each 
pPPLmi83d9.  county  a  person  of  suitable  attainments  to  be  the  county 
chap,  c  cv,  SUperjnten<;ient  Of  tne  public  schools  of  that  county,  who 

[Sees    :.6,div.    ^^    ^-^    ^^    ^    ^    ^^   ^    ^^    ^^    ^    ^.j    ^ 

successor  shall   have   been    appointed    as   aforesaid,   unless 
sooner  removed  for  cause  by  the  state  board  of  education. 


SCHOOL  LAW.  11 


26.  In  order  to  enable  county  superintendents  of  schools 

to  devote  more  time  to  the  discharge  of  the  duties  of  their  ^aLp  l892- 
office,  and  to  properly  examine  and  direct  the  schools  under  ccxxvni, 
their  charge,  by  frequent  visits  to  said  Fchools  and  counsel 
and  direction  to  teachers  in  the  proper  method  of  instruction, 
their  yearly  salary  shall  be  at  the  rate  of  twelve  and  a  half 
cents  for  each  child  in  the  county  between  the  ages  ol  five 
and  eighteen,  as  ascertained  from  the  last  annual  report  of 
the  state  superintendent ;  provided,  that  the  salary  shall  in  Proviso. 
no  case  be  less  than  eight  hundred  dollars,  nor  more  than 
thirteen  hundred  dollars  ;  and  provided,  that  the  salary  of  a  Proviso, 
superintendent  having  fifty  or  more  district  schools  to  visit 
shall  not  be  less  than  one  thousand  dollars  ;  and  provided,  Proviso. 
that  in  rase  any  city  or  town  shall  have  a  city  or  town  super- 
intendent of  schools,  the  children  belonging  to  such  city  or 
town  shall  not  be  counted  in  determining  the  salary  of  the 
county  superintendent,  and  the  supervision  of  the  schools  of 
said  city  or  town,  which  would  otherwise  belong  to  the  county 
superintendent,  shall  devolve  upon  the  city  or  town  superin- 
tendent. 

27.  In  order  to  enable  county  superintendents  of  schools  Expenses  of 
to  discharge  their  duties  with  greater  efficiency,  they  shall  tandems 
receive  annually,  in  addition  to  the  salary  now  allowed  them,  chap.Vcx.jj  i. 
such  sums  as  they  may  need  to  pay  the  actual  expenses  incur- 
red by  them  in  the  performance  of  their  official  duties,  which 

sums  shall  be  paid  by  the  collector  of  the  county  on  the  order 
of  the  state  superintendent  of  public  instruction  ;  provided,  Proviso. 
that  no  such  order  shall  be  given  in  favor  of  any  county 
superintendent  until  such  county  superintendent  shall  have 
furnished  the  state  board  of  education  a  certified  statement, 
under  oath,  by  items,  of  the  expenses  he  has  incurred,  and 
that,  during  the  year  for  which  such  order  is  drawn,  he  has 
performed  faithfully  all  the  duties  imposed  by  the  school 
law  and  by  the  regulations  of  the  state  board  of  education  ; 
and  provided  further,  that  in  no  case  shall  the  expenses  pr0viso. 
aforesaid  exceed  three  hundred  dollars  annually. 

28.  The  county  superintendent  shall  have  power  to  admin-  tendentan- 
ister  all  necessary  oaths  or  affirmations  to  district  clerks  and  minister  oath. 


12 


SCHOOL  LAW. 


P.  L.  1871. 
Chap.  DXXVII 


County  superin- 
tendent to 
issue  orders. 
P    L.  1894. 
Chap      ' 
CCCXXXV.gi. 
[See  sec.  153. 


Li  cense  teachers, 
fix  boundaries  of 
districts,  &c. 
Ibid.  §2. 
[See  sec.  6.] 


Appointment  of 
trustees. 
Ibid,  g  3  ] 
[See  sec.  32.] 


Removal  of 
district  clerk. 
P.  L.  1888 
Chap.  LVIII, 


Proviso. 


Proviso. 


Power  of  with- 
holding school 
moneys. 
P.  L.  1883. 
Chap. 

CXXXVIIIgi. 
[See  sees.  15,  23 
no.  121  and 
344-] 


other  school  officers,  for  which  he  shall  receive  no  compen- 
sation. 

29.  He  shall  issue  orders  on  the  county  collector  in  favor 
of  each  township  collector  or  receiver  of  taxes,  and  of  each 
city  treasurer  for  that  portion  of  the  state  appropriation  to 
which  said  township,  city,  town  or  borough  is  entitled. 

30.  He  shall  examine  and  license  teachers  and  discharge 
other   duties    of    general    supervision    and   superintendence 
over  the  public  schools  of  the  county  in  accordance  with  the 
regulations  prescribed  from  time  to  time  by  the  state  board 
of  education. 

31.  He  shall  have  power,  and  it  shall  be  his  duty,  to  ap- 
point trustees  for  anv  district  which,  for  any  cause,  fails  to 
elect  at  the  regular  time  and  to  appoint  trustees  to  fill  vacan- 
cies :  provided,  the  terms  of  office  of  trustees   so  appointed 
shall  expire  at  the  next  regular  election  for  school  trustees, 
and  that  the  trustees  elected  to  fill  vacancies  shall  be  elected 
for  the  unexpired  term.* 

32.  Whenever  any  county  superintendent  of  schools  shall 
receive  satisfactory  evidence   that  any  district  clerk   in   his 
county  has  neglected  or  refused  to  perform  any  official  duty 
assigned   to  him   by  law,  he   may  declare  the  office  of  said 
district  clerk  vacant,  and   proceed    to  fill,  by  appointment, 
such  office  for  the  unexpired  term  ;  provided,  that  due  notice 
of  his  proposed  action  shall  be  sent  by  the  county  superin- 
tendent to  such  district  clerk,  who  shall  have  opportunity  to 
present  satisfactory  reasons  for  such  neglect  or  refusal,  and 
that  the  office  of  such   district  clerk  shall  not  be  declared 
vacant  until  the  expiration  of  three  weeks  from  the  date  of 
said   notice ;    and  provided  further,  that   the  action    of  the 
county  superintendent  shall  be  approved  by  the  state  super- 
intendent of  public  instruction. 

33.  He  shall   have   power  to   withhold  that  part  of  the 
state  appropriation  derived  from   the  revenue   of   the  state 
from  any  district  in  which  the  inhabitants  fail  to  provide  a 

,  suitable   school  building  and    outhouses ;  provided,  that  no 
building  of  two  or  more  stories,  used  for  the  purpose  of 

*The  office  of  trustee  is  not  vacated  by  an  unaccepted  resignation.      Townsend  v.  Trus- 
tees, &c..,  12  Vr.  312. 


SCHOOL  LAW.  13 


public  instruction,  in  which   any  of  the  doors  at  places 
exit  are  so  constructed   as  to  open  inwardly,  shall   be  con- 
sidered a  suitable  school  building  within  the  meaning  of  this 
section. 

34.  In  all  controversies  arising  under  the  school  law,  the  £ 
opinion  and  advice  of  the  county  superintendent  shall  first  ^ffxxix  §28 
be  sought,  and  from  him  appeal  may  be  made,  if  necessary,  ^ 

to  the  state  superintendent  of  public  instruction.* 

35.  The  county  and  city  superintendents  shall 

constitute  an  association,  to  be  called  u  The  State  Association  Jnb^ndge2n9ts- 
of  School    Superintendents,"    which  association  shall  meet  £h^p  l87: 
annually,  at  such  times  and  places  as  the  state  board  of  edu- DXXV1II>^3< 
cation  may  appoint,  and  at  such  other  times  as  they  may 
agree  upon. 

36.  Each  county   superintendent  and  each  city  supe 
tendent,  in  his  annual  report  to  the  state  superintendent, 
the  manner  and  form  prescribed  by  him,  shall  specifically 

forth  any  and  all  such  facts  within  his  purview  as  touch  and  [see  sec.  37 
describe  the  location  and  capacity  of  each  school  healthfully 
to  accommodate  the  pupils  in  attendance,  to  the  end  that  a 
full  observation  may  be  deduced,  favorable  or  otherwise,  as 
to  an  ample  supply  of  sittings,  suitability  of  conveniences, 
eligibility  of  position,  attention  to  ventilation,  and  as  to  all 
such  other  pertinent  subjects  as  may  clearly  and  fully  exhibit 
the  sanitary  condition  of  the  public  schools  under  his  official 
inspection. 

37.  The  annual  reports  required  of  city  superintendents, 
district  clerks  and  township  collectors  shall  be  made  on  0* 
before  the  first  day  of  August,  and  that  the  reports  of  the  § 4 
county  superintendents  shall  be  made  on  or  before  the  first 
day  of  September  of  each  and  every  year. 

*i.  In  controversies  arising  under  the  school  law,  the  appeal  is  to  be  made  to  the  county 
superintendent,  and  not  to  the  city  superintendent.  Macfarland  v.  Gloucester  City ,  16 
Vr.  100. 

2.  A  county  superintendent  has  no  authority,  under  the  public  school  act,  to  decide  con- 
troversies, so  as  to  bind  the  parties.  He  can  merely  express  an  opinion  and  give  advice 
after  such  investigation  as  seems  to  him  reasonable.  Buren  v.  Albertson,  25  Vr.  72. 


14  SCHOOL  LAW. 


SCHOOL  CENSUS. 
Census  takers,        38.  The  board  of  school  trustees,  or  other  body  having 

appointment  of. 

p.  L.  1894,        control  of  the  schools  in  the  respective  school  districts  in  the 

Chap. 

cccxxxiv,  State,  shall  annually  designate  the  district  clerk,  or  some 
other  suitable  person  or  persons,  to  act  as  school  census 
enumerators,  who  shall  personally  canvass  the  school,  the 
school  district  or  portion  thereof  for  which  they  have  been 
appointed,  and  take,  in  each  year,  during  the  month  of 

Time  of  taking  May,  an  exact  census  of  all  children  residing  in  the  dis- 
trict between  the  ages  of  five  and  eighteen,  not  including  the 
children  who  may  be  inmates  of  poorhouses,  asylums  or 
almshouses,  and  shall  specify  the  names  and  ages  of  such 
children  and  the  names  of  their  parents  or  guardians  (all 
children  who  may  be  absent  from  home  attending  colleges, 
boarding  schools  and  private  seminaries  of  learning  shall  be 
included  in  the  census  list  of  the  city,  town  or  district  in 
which  their  parents  or  guardians  reside,  and  not  be  taken 
by  the  district  clerk  or  other  person  or  persons  appointed  to 
take  the  census  in  the  city,  town  or  district  where  they  may 
be  attending  such  institutions  of  learning)  ;  and  the  person 
or  persons  authorized  to  take  the  same  shall  make  a  full  re- 
to  state  port  thereof,  verified  by  him  or  them  under  oath  or  affirma- 


superintendent.  .  „    ,   . 

tion  that  the  same  is  correct  and  true  to  the  best  of  his 
knowledge  and  belief,  on  the  blanks  furnished  for  that  pur- 
pose, to  the  State  superintendent  of  public  instruction,  on 
or  before  the  fifteenth  day  of  June  next,  after  the  taking  of 
such  census,  and  shall  file  a  copy  of  the  same  with  the  board 
of  school  trustees,  board  of  education,  board  of  school  com- 
missioners or  other  body  having  charge  and  control  of  the 
schools,  for  the  use  of  the  district,  and  said  district  clerk  or 
other  person  or  persons  appointed  as  aforesaid,  making  and 
Compensation,  reporting  said  census,  shall  be  entitled  to  such  compensation, 
not  exceeding  five  cents  for  the  name  of  each  child  on  said 
census  list,  as  the  board  of  school  trustees,  board  of  educa- 
tion, board  of  school  commissioners,  or  other  body  having 
charge  of  the  schools  may  allow,  which  compensation  shall 
be  paid  by  the  district  on  the  certificate  of  the  state  superin- 
tendent of  public  instruction. 


SCHOOL  LAW.  15 


39.  When  satisfactory  evidence  is  presented  to  the  state  census  retaken 

,,  in  certain  cases. 

superintendent  of  public  instruction  that  the  census  of  any  ibid.  ga. 
district  or  any  portion  thereof  has  been  incorrectly  taken  or 
reported,  as  provided  in  this  act,  or  when  he  has  reason  to 
believe  that  the  same  is  incorrect,  he  shall  return  the  report 
to  the  enumerator  for  correction ;  provided,  that  in  case  any 
enumerator  shall  neglect  or  refuse  to  make  such  correction 
as  is  necessary  to  secure  an  accurate  census,  it  shall  be  the 
duty  of  the  state  superintendent  of  public  instruction  to 
designate  a  suitable  person,  who  shall  be  a  resident  of  the 
district  for  which  he  is  appointed,  to  act  as  enumerator  in  the 
place  of  the  enumerator  whose  report  was  found  to  be  inac- 
curate, and  the  person  so  appointed  shall  take  the  said  cen- 
sus, and  the  said  census  so  taken  shall  be  deemed  the  census 
of  such  district  and  shall  be  used  in  place  and  stead  of  the 
census  taken  under  the  provisions  of  the  first  section  of  this 
act,  and  the  person  or  persons  appointed  by  him  shall  receive 
such  compensation  as  he  may  deem  proper,  not  exceeding 
five  cents  a  name,  which  compensation  shall  be  paid  by  the 
district,  if  it  appears  that  the  census  taken  under  the  provi- 
sions of  the  first  section  of  this  act  was  incorrect,  but  if  the 
census  so  taken  is  found  to  be  correct,  then  and  in  that  case 
the  compensation  for  retaking  the  census  shall  be  paid  from 
the  income  of  the  school  fund,  on  warrant  of  the  state  comp- 
troller, on  bills  duly  certified  to  him  by  the  state  superin- 
tendent of  public  instruction. 

40.  The  state  board  of  education,  on  the  first  Tuesday  in  supervisor  ot 

'  census,  how 

December  next  and  every  two  years  thereafter,  shall  appoint^p.Poi°teci' 
a  suitable  person  who  shall  have  charge,  under  the  direction 
of  the  state  superintendent  of  public  instruction,  of  all  the 
details  connected  with  the  taking  of  the  annual  school  cen- 
sus;  and  the  person  so  appointed  shall  hold  his  office  for 
the  term  of  two  years,  unless  sooner  removed  for  inefficiency 
by  the  state  board  of  edacation,  aud  shall  be  paid  an  annual 
compensation   of  fifteen   hundred  dollars,  which  com pensa- Compensation. 
tion  shall  be  paid  out  of  the  income  of  the  school  fund. 

41.  The  provisions  of  this  act  shall  apply  to  all  districts 
in  this  state  whether  acting  under  the  provisions  of  the  act 
to  which  this  is  a  supplement,  or   under  any  special  charter, 


16 


SCHOOL  LAW, 


Unvaccinated 
children  to  be 
designated  on 
census  roll. 


or  the  charter  of  any  city,  town,  borough  or  other  munici- 
pality. 

42.  At  the  enrollment  of  the  children  by  the  clerk  of  the 
school  districts  in   the  townships  of  this  state,  or  by  other 

chap  'LX'VIII,  proper  officers  in  the  cities  or  municipalities,  inquiry  shall 
be  made  as  to  how  many  of  the  children  within  the  school 
age  are  unvaccinated,  and  the  same  shall  be  designated  by  a 
mark  on  the  said  roll,  and  in  case  any  are  found  to  be  un- 
vaccinated whose  parents  desire  them  to  be  protected  from 
small-pox,  and  who,  in  the  judgment  of  the  board  of  edu- 
cation or  the  trustees  of  the  school  districts,  are  unable  to 
pay  therefor,  the  clerk  of  said  district,  or  other  authorized 

Children  may  be  person,  may  give   to  the  said  child  or  children  a  permit  to 

vaccinated  at  „,  ITT  i        u       •    •     •      « 

expense  of  town- appear  at  the  omce  of  any  regularly  licensed  physician  in 
said  district  or  municipality  to  be  vaccinated,  and  such 
physician,  on  presentation  of  said  permit,  with  his  certificate 
appended  thereto  that  the  said  vaccination  has  been  by  him 
successfully  performed,  shall  be  entitled  to  receive  from  the 
said  township  or  local  municipal  authority  the  sum  of  fifty 
cents  for  each  case  so  certified,  and  the  same  shall  be  paid  in 
the  same  manner  that  other  bills  for  current  expenses  are 
id  therein. 


SCHOOL  TRUSTEES. 


43.  An  annual  meeting  for  the  election  of  school  trustees 


Trustees  when 

peLedi894.        shall   be   held   in   each   district,   on   the  third  Tuesday  in 
cccxxxvfg4.  March,   at  the   school-house   or  in   such   other  convenient 
public  place  within  the  district  as  may  be  selected  by  the 
board  of  education,  and  notices  thereof,  specifying  the  day, 
Notices  posted,   time,  object  and  place  of  such  meeting,  shall  be  posted  on 
each   school-house  within   the  district,  and  at  such   other 
public  places  as  shall  be  deemed  necessary,  at  least  ten  days 
before  the  date  of  such  meeting ;  provided,  that  not  less  than 
seven  notices  shall  be  posted  in  each  district,  and  that  a  copy 
Elections  adver-  of  such  notice  shall  be  printed  in  such  papers  published  in 
[See  sec.  44  ]      the  county  as  are  designated,  for  the  time  being,  to  print  the 
pamphlet  laws,  in  the  last  issue  of  such  papers  printed  prior 
to  the  third  Tuesday   in  March  ;  the  voters  shall  be  the 


Proviso. 


SCHOOL  LAW.  17 


legal  voters  of  the  district,  and  a  plurality  of  votes  shall 
elect ;  and  no  person  shall  be  eligible  to  the  office  of  trustee 
unless  he  or  she  is  above  twenty-one  years  of  age,  is  a  resi- 
dent of  the  district  and  can  read  and  write;  any  district 
clerk  who  shall  fail  to  post  and  cause  to  be  printed  notices  Penalty  for 

1  failure  of  district 

of  the  election  of  trustees,  as  required  by  this  section,  shall  cierktopost 

•  notices. 

pay  a  fine  of  twenty  dollars,  to  be  recovered  in  an  action  of 
debt  in  the  court  for  the  trial  of  small  causes,  by  any  person 
resident  of  said  school  district. 

44.  Every  citizen  of  the  United  States,  of  the  age  of  Legal  voters  at 

*  school  meetings. 

twenty-one,  who  shall  have  been  a  resident  of  this  state  for 
one  year,  and  of  the  county  in  which  he  or  she  claims  a 
vote  for  five  months  next  before  said  meeting,  shall  have 
the  right  to  vote  at  any  school  meeting  in  any  school  dis- 
trict of  the  state  wherein  they  may  reside ;  provided,  that  Proviso. 
no  person  in  the  military,  naval  or  marine  service  of  the 
United  States,  by  being  stationed  in  any  garrison,  barrack 
or  military  or  naval  force  or  station  within  the  state,  and  no 
pauper,  idiot,  insane  person,  or  person  convicted  of  a  crime, 
which  now  excludes  him  or  her  from  being  a  witness,  unless 
pardoned  or  restored  by  law  to  the  right  of  suffrage,  shall 
enjoy  the  right  to  vote  in  any  school  meeting. 

45.  All  elections  for  school  trustees  shall  be   by   ballot,  Elections  to  be 

1   by  ballot. 

that  the  legal  voters  shall  appoint  two  tellers  who  shall  P^L.  1894. 
receive  the  votes,  and  with  the  chairman  of  the  meeting  PC8CXXXV> 
shall  count  the  ballots,  and  it  shall  be  the  duty  of  the  secre- 
tary of  the  meeting  to  record  the  name  of  each  person  voting 
at  such  meeting ;  the  polls  for  such  election  shall  remain 
open  at  least  one  hour,  and  as  much  longer  as  may  be 
necessary  to  enable  all  the  legal  voters  present  to  cast  their 
ballots;  the  ballots  may  be  either  printed  or  written,  and  in 
case  a  trustee  is  to  be  elected  to  fill  an  unexpired  term,  the 
ballots  shall  designate  which  of  the  persons  voted  for  is 
for  the  full  term  and  which  for  the  unexpired  term. 

46.  In  any  school  district  in  this  state   where  the  school  Notices  to 
trustees,  commissioners,  board  of  education  or  other  body  foTopTnfngTnd 
having  charge  of  the  public  schools  of  such   district  are  P°L.  i89°4, 

Chap.   LXXIII, 

elected  by  ballot  at  a  special  election  held  for  school  purposes  gi. 
only,  by  virtue  of  any  general  or  special  law  or  charter  for 


18 


SCHOOL  LAW. 


Number  of 
trustees  in  dis- 
tricts not 
divided  into 
wards. 
P.  L.  1894, 
Chap, 
CCCXXXV, 


Members  to 
divide  into  . 
classes. 


Number  of 
trustees  in  dis- 
tricts divided 
into  wards. 
Ibid   gi5. 


Time  for  election 
for  1894. 
Ibid.  §  16. 


[See  sees.  47  and 
48.] 


such  district,  the  trustees,  commissioners,  board  of  education 
or  other  body  having  charge  or  control  of  the  public  schools 
of  such  'district,  shall  have  the  power  and  it  shall  be  their 
duty  to  designate,  in  the  notice  calling  such  meeting  for  the 
election  of  such  officers,  the  time  for  opening  and  closing 
the  polls  for  such  election. 

47.  In  any  township,  city,  town,  borough  or  other  muni- 
cipality acting  under  the  provisions  of  this  act,  which  is  not 
divided  into  wards,  there  shall  be  a  school  board  consisting 
of  nine  trustees,  all  of  whom  shall  be  elected  at  the  annual 
school  meeting  next  after  the  passage  of  this  act ;  at  the  first 
meeting  of  said  trustees  they  shall  proceed  by  lot  to  divide 
themselves  into  three  classes  of  three   members  each,  who 
shall  hold  office  for  one,  two  and  three  years  respectively ; 
and  annually  thereafter  three  trustees  shall  be  chosen  at  each 
annual  school  meeting,  who  shall  hold  office  for  the  term  of 
three  years. 

48.  In  any  township,  city,  town,  borough  or  other  muni- 
cipality which  is  divided  into  wards  there  shall  be  a  school 
board   consisting  of  two  trustees  from   each   ward,   all  or 
whom  shall  be  chosen  at  'the  annual  school  meeting  next 
after  the  passage  of  this  act,  and  at  such  election  one  person 
shall  be  chosen  from  each  ward  to  serve  for  a  term  of  one 
year,  and  one  person  to  serve  for  a  term  of  two  years,  and 
annually  thereafter  one  person  shall  be  chosen  from  each 
ward  to  serve  for  the  term  of  two  years. 

49.  The  terms  of  office  of  the  school  trustees  now  in  office 
shall  expire  on  the  first  day  of  July  next,  and  that  it  shall  be 
the  duty  of  the  county  superintendents  of  the  several  counties 
in  this  state  to  designate  the  time  and  place  in  each  district 
for  holding  a  special  election  for  the  selection  of  trustees,  in 
accordance   with    the    provisions    of  sections    fourteen    and 
fifteen  of  this  amendatory  act,  and  that  it  shall  be  the  duty 
of  the  several  district  clerks  now  in  office  to   post  three 
notices  in  public  places  within  their  respective  districts  (one 
of  which  shall  be  the  school  house,  if  there  be  one),  stating 
the  time,  place  and  object  of  said  meeting  ;  and  it  shall  be 
the  duty  of  the  state  superintendent  of  public  instruction  to 
cause  to  be  printed  in  each  paper  designated  to  print  the  ses- 


SCHOOL  LAW.  19 


sion  laws  a  notice  of  said  meeting;  and  such  election  shall 

be  taken  to  be  the  annual  election  for  the  year  one  thousand 

eight  hundred  and  ninety-four;  provided,  that  in  any  town-  Proviso 

ship,  city,  town,  borough  or  other  municipality  now  having 

a- board  of  school  trustees  organized  as  provided  in  sections 

fourteen   and   fifteen   of  this   amendatory  act,   the  terms  of  see  sees.  47  and 

office  of  such  trustees  shall  not  terminate,  but  such  trustees  48'J 

shall  continue   in  office  for  the   terms  for  which  they  were 

severally  ejected  ;  and  provided  furthr,  that  the  election  pro-  Proviso. 

vided  for  in  this  section  shall    be  held  within  thirty  days 

after  this  act  takes  effect. 

50.  The  trustees  elected  as  provided  for  in  sections  four-  Trustees  a  cor- 

%    "  porate  body. 

teen  and  fifteen  of  this  act,  shall  be  a  body  corporate,  and  ib>d-§i7- 
shall  be  called  and  known  as  "  the  board  of  education  of  the  [Seesecs  4?and 
township   (city,  town,  or  borough,  as  the  case   may   bej  of  48^ 

,  in  the  county  of ."* 

„    51.  Each  board  of  education  created  under  the  provisions  °ZJ££{z&tion  °f 

of  this  act  shall   organize   within   ten   days  after  the  annual  lbid  §34 

election,  by  the  election  of  one  of  its  members  as  president 

and  one  of  its  members  as  district  clerk,  and  shall  have  the 

power   to  fix   the  compensation   of  said  clerk,  and   on  its  o^dSfrict'cIerk 

failure  to  organize  the  county  superintendent  shall  appoint 

such  president  and  district  clerk. 

52.  He  shall  record,  in  a  suitable  book,  all  proceedings  Duties  of 

o      district  clerk. 

of  the  board,  and  of  the  annual  school  meetings,  and  of  £h^p  l86' 
special  school  meetings,  and  pay  out,  by  orders  on  the  town- 
ship  collectors,  in  the  manner  prescribed  by  law,  all  school 
moneys  of  the  district,  received  from  the  state,  township  or 
district;  he  shall  keep  a  correct  and  detailed  account  of  all 
expenditures  of  school  moneys  in  his  district,  and  report  the 
same  to  the  county  superintendent  and  also  to  the  township 
committee;  at  each  annual  school  meeting  he  shall  present 
his  record  books  and  his  accounts  for  public  inspection,  and 
shall  make  a  statement  of  the  financial  condition  of  the 
district  and  of  the  action  of  the  trustees. 

*i.  The  action  must  be  brought  against  the  district  by  its  corporate  name,  and  not 
against  the  trustees  in  their  individual  names,  with  description  appended  of  "Trustees, 
&c."  Sprout  v.  Smith,  n  Vr.  314  The  trustees  of  a  school  district,  in  their  corporate 
capacity,  are  not  liable  to  be  sued  in  a  justice's  or  district  court.  Townsend  v.  Trustees, 
fy'c.,  12  Vr.  312;  Trustee,  &*c  ,  v.  Slacker,  13  Vr.  115. 


20  SCHOOL  LAW. 


Powers  of  boards       53.  r£[}e  board  of  education  shall  have  power,  and  it  shall 

of  education.  *•  ' 

l894*     ke  its 


I-  ^°  empl°y  afid  dismiss  teachers,  janitors,   mechanics 
teachers,  &c.       am]  laborers,  and  to  fix,  alter  and  order  paid  their  salaries 

and  compensations  ;  * 
Make  rules.  jj    TO  make  and   enforce  rules  and  regulations,  not  in 

conflict  with   the  general  regulations  of  the  state  board  of 
.     education,    for    the    gcvernment   of    schools,    pupils    and 

teachers  ; 

bu^iand'L^d85'        m*  ^0  erect?  enlarge  or  improve  school  buildings  and 
borrow  money,    grounds,  and   purchase,  lease,  mortgage  or  sell   school  lots 

or  school  buildings;  to  borrow,  with  or  without  mortgage, 

and  to  raise  money  by  taxation  for  any  such  purpose,  or  to 

pay  debts  incurred  therefor  or  for  the  current  expenses  of  the 
Proviso.  schools;  provided,  that   for  any  such   acts  they  shall   have 

the  previous  authority  of  a  vote  of  the  district; 
Rent  buildings,        jv.  rpo  rent,  furnish   and   repair  school   buildings  and 

keep  the  same  insured  ; 
Purchase  p-op-        V.  To  purchase  personal  property,  and  to  receive,  lease 

and  hold  in  fee,  in  trust  for  the  district,  any  and  all  real  or 

personal  property  for  the  benefit  of  the  schools  thereof; 
Enforce  rules  of        VI.  To  enforce   the  regulations  prescribed  by  the  state 

state  board. 

Prescribe  course  board   of  education,   and,  in    connection    with    the   county 

of  study  and 

series  of  text  superintendent,  to  prescribe  the  course  of  study  to  be  pur- 
sued and  a  uniform  series  of  text  books  to  be  used  in  the 
school  or  schools  under  their  charge  ; 

VII.  To  suspend  or  expel  pupils  from  school  ; 

Provide  text  VIII.  To  provide  text  books  and  other  necessary  school 

books  and  sup- 

Plies  supplies  and   loan   the  same  free   to  all   the  pupils  in  the 

schools  under  their  control  ; 
Can  special  jx.  To  call  a  special  meeting  of  the  legal  voters  of  the 

meetings  of 

voters  district  at  any  time  when,  in  the  judgment  of  the  trustees, 

the  interests  of  the  school  may  require  it,  which  meeting 
shall  be  called  in  the  manner  provided  in  section  eighty-six 
of  this  act,  and  no  business  shall  be  transacted  at  such 

*The  employment  of  teachers  by  school  corporations  is  an  act  judicial  in  its  character, 
and  should  be  done  at  a  meeting  of  the  trustees,  of  which  all  should  have  notice  and  in 
which  all  have  an  opportunity  to  participate.  Townsendv.  Trustees,  &rc.,  12  Vr.  312. 
An  appointment,  by  a  body  authorized  by  statute  to  appoint,  of  one  of  their  own  number, 
is  a  mere  nullity.  33  Barber  287. 


SCHOOL  LAW.  21 


special  meetings  except  such  as  has  been  set  forth  in  the 
notices  by  which  said  meeting  was  called  ;  * 

X.  To  call  a  special  meeting  of  the  legal  voters  of  such  mee\fngSCof 
district  whenever  one- fourth  of  such  legal  voters  shall  re-  tvi°tners  upon  petl 
quest  them   by  petition  so  to  do;  and  in  the  notices  calling 

such  special  meeting  shall  be  inserted  the  purpose  or  pur- 
poses named  in  said  petition,  so  far  as  the  same  are  in  con- 
flict with  the  school  laws  of  this  state  ; 

XI.  To  permit  a  school-house  to  be  used  for  other  than  i^^used 
school  purposes  when  a  majority  of  the  trustees  shall  con-  p°0rses.er 
sent  thereto  at  a  regularly  called   meeting  of  the  board  of 
education  ; 

XII.  To  make  an  annual    report,  on  or  before  the  first  Make  report?. 
day  of  August,  to  the  county  superintendent,  in  the  manner 

and  form  prescribed  by  the  state  superintendent  of  public 
instruction. 

54.  In  case  of  the  failure  of  any  district  clerk  or  city 
superintendent  to  send  his  annual  report  to  the  county  super-  pet£ 
inteudent  of  his  county  in  the  form  prescribed,  on  or  before  DX 
the  first  of  August,  such  county  superintendent  shall  make 
up  his  report  for  such  district  or  city  from  the  last  published 
report  of  the    state    superintendent ;    in   making    up  such 
report,  however,  he  shall  deduct   one-fifth  from  the  school 
census;  provided,  however,  that  all  such  cases  of  delay  or  Provis°- 
negligence  shall   be  reported  to  the  state  superintendent  of 
public  instruction,  whose  duty  it  shall  be  to  investigate  the 

*  i.  A  special  meeting  of  the  legal  voters  of  a  school  district,  duly  called,  may  vote  to 
raise  money  for  school  purpose*,  although  such  appropriation  has  been  refused  at  the 
annual  meeting.  Slain,  \  Trustees,  &C.,  v.  Lewis,  6  Vr.  377.  Special  meetings  of  the 
voters  of  a  school  district  cannot  be  called  unless  ordered  by  the  board  of  trustees  regularly 
convened.  Bogert  v.  Trustees,  &*c.t  14  Vr.  358.  Where  money  is  ordered  to  be  raised 
•  by  taxation  at  a  special  meeting  the  previous  action  of  the  trustees  in  calling  such  meeting 
in  pursuance  of  authority  here  given,  must  appear  in  the  certificate  of  the  clerk  to  the  as- 
sessor. Lamb  v.  Hurjff,  9  Vr.  310 ;  Slack  v.  Palmer /  10  Vr.  250. 

2.  Notices  for  special  school  meetings  to  raise  special  school  taxes  should  be  put  up  at 
least  ten  days  before  the  time  of  meeting.     Dai/is  v.  Rapp.  14  Vr   594. 

3.  At  a  special  district  meeting  called  by  the  board   of  trustees  of  a  school  district  to 
build  an  addition  to  a  school  house,  a  majority  of  the  votes  of  the  taxable  residents  present 
at  a  meeting  is  sufficient  authority  to  act.     Crandall  v.  Trustees,  &•"<;.,  22  Vr.  138. 

4.  A  special  school  tax,  ordered  by  a  special  meeting  of  the  voters,  which  was  not  called 
by  the  board  of  trustees  and  of  which  the  district  clerk  did  not  give  notice,  will  be  set 
aside.     Apgar  v.  Van  Syckle,  17  Vr.  492. 

5.  A  special  meeting  can  vote  to  raise  money  to  build  a  school  house,  although  a  similar 
proposition  has  been  rejected  at  a  previous  special  meeting  held  in  the  same  year.     Stack- 
house  v.  School  Dist.  43,  Sussex  Co  ,  23  Vr.  29:. 


22 


SCHOOL  LAW. 


Trustees  of 
public  schools, 
when  to  meet. 
P    L.  1880. 
Chap.  CXVI1I, 

9.  i- 


Bills  and  de- 
mands to  be 
passed  on  in 
open  session. 
Ibid.  3  2. 


Unlawful  for 
trustees  to  pay 
any  hilts  or  de- 
mands unless 
the  same  are 
itemized. 
Ibid.  §  3. 


Proviso. 


Affidavit  to  be 
made  to  all  bills. 
Ibid,  g  4. 


Proviso. 


same,  and  to  restore  the  number  deducted  from  the  school 
census  in  all  cases  when  lie  receives  satisfactory  reasons  for 
such  delay  or  negligence. 

55.  The  trustees  of  the  public  schools,  elected   in  each 
school  district  in  this  state,  shall  meet  for  the  transaction  of 
business  connected  with  the  public  schools  in  their  respective 
districts,  on  the  first  Tuesday  after  the  first  Monday  in  March, 
June,  September  and  December,  or  oftener  if  the  business 
of  the  board  require  it. 

56.  All  bills  and  demands  for  money  expended  for  school 
purposes,  and  contracts  entered  into,  shall  be  presented  and 
passed  on  in  open  session  of  the  board  of  school  trustees,  and 
no  bills  or  demands  for  money  on  that  account  shall  be  paid 
which  have  not  been  thus  passed  on  and  approved. 

57.  It  shall  be  unlawful  for  any  board  of  school  trustees 
or  board  of  education  of  this  state,  to  pay  or  disburse,  out  of 
the  school  moneys  under  their  control,  any  sum  for  school 
supplies,  books,  maps,  charts,  globes,  fuel,  erecting,  enlarg- 
ing, repairing  or  improving  school  buildings  and  grounds, 
and  janitors'  salaries,  unless  the  person  claiming  or  receiving 
the  said  moneys  shall  first  present  to   the  board  of  trustees 
or  board  of  education  a  detailed   bill   of  items  or  demand, 
specifying  particularly  how  such  bill  or  demand  is  made  up, 
and  the  dates  thereof,  and  the  names  of  the  persons  to  whom 
the  amount  composing  such  bill  or  demand  is  due;  provided, 
that  the  district  clerk,  as  he  may  be  authorized  by  the  board 
of  trustees,  is  empowered  to  purchase  for  the  school  or  schools 
under  their  control,  such  supplies  as  may  be  necessary,  and 
shall  present  an  itemized  bill  of  the  same,  with  affidavit  at- 
tached, which  shall  be  acted  on  and  paid  as  other  bills;  and 
said  itemized  bill  shall   be  considered  as  satisfying  all  the 
provisions  of  this  act.    • 

58.  Any  person  or  persons  presenting  any  such  bill  or  de- 
mand, shall   make  an  affidavit  that  the  goods  or  services, 
itemized  in  said  bill  or  demand,  have  been  delivered  or  ren- 
dered, that  no  bonus  has  been  given  or  received  by  any  per- 
son or  persons  with  the  knowledge  of  the  deponent  in  con- 
nection with    the  claim,  and   that   the  same   is  correct  and 
true;  prov'ded,  that  the  clerk  of  any   board   of  trustees  or 


SCHOOL  LAW.  23 


board  of  education  is  hereby  authorized  to  take  said  affidavit 
without  cost. 

59.  Any  board  of  school  trustees  or  board  of  edu cation  ^[ 

who  shall  willfully  violate  the  provisions  of  this  act,  shall  f^6^7  and  s8- 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  there- 
of shall  be  punished  by  a  fine  not  to  exceed  one  hundred 
dollars,  or  as  the  court  may  direct. 

60.  The   board  of  health  of  any   township,  or  any  city, 
borough,  town  or  other  local  municipal  government  in 

state,  shall   have  the  right  to  declare  any  epidemic  or  cause  ch^ 
of  ill  health  to  be  so  injurious  or  hazardous  as  to  make  it§21 
necessary  to  close  any  or  all  of  the  public  or  private  schools  Public  schools 

1  ^  may  be  closed. 

in  the  limits  of  such  township,  or  of  such  city,  borough, 
town  or  other  local  municipal  government ;  but  in  case  of 
public  schools,  the  same  shall  not  be  closed  except  by  the 
direction  of  the  board  of  education,  school  trustees  or  other 
body  having  the  control  or  direction  thereof;  any  such 
board  of  education,  school  trustees  or  other  body  having 
control  of  public  schools  may,  in  such  case,  cause  any  or  all 
of  the  schools  under  their  control  to  be  closed,  if,  in  their 
judgment,  such  closing  be  necessary  for  sanitary  purposes. 

61.  Any  board  of  education,  school  trustees  or  other  body 
having  control  of  the  public  schools,  may,  on  account  of  the 
prevalence  of  any  contagious  disease,  or  to  prevent  the  spread 
of  such  contagious  disease,  prohibit  the  attendance  of  any2 
teacher  or  scholar  upon  any  school  under  their  control,  and 
may  specify  the  time  during  which  such  teacher  or  scholar 
shall   remain  away  from  such  school,  and   may  prohibit  the 
attendance  of  any  unvaccinated  child  who  has  not  had  the 
small-pox,  and   shall  also   have   power  to  decide   how  far 
re- vaccination  shall  be  required  if  a  case  or  cases  of  small-pox 
have  occurred  in  the  city  or  district. 

62.  When    any   execution    shall    be    issued   aarainst   any  Executions 

J  J   against  school 

school  district  of  this  state,  or  against  the  trustees  of  any  piSLicJ|-8l 
such  school  district  as  a  body  corporate  representing  such  £!™x Vn  \  t 
school  district,  by  any  court  authorized  to  issue  the  same, 
whether  upon  a  judgment  recovered  before  or  subsequent  to 


24 


SCHOOL  LAW. 


Assessors  to  as- 
sess amount  of 
executions. 


Tax,  how  as- 
sessed and  col- 
lected and  to 
whom  paid. 


the  passing  of  this  act,  and  there  shall  be  no  property  be- 
longing to  said  school  district  or  body  corporate  sufficient  to 
satisfy  the  same  liable  to  Be  levied  on,  then  the  officer 
authorized  to  execute  such  process  shall  serve  a  copy  of  the 
same  upon  the  assessor  or  assessors  of  the  township  or  town- 
ships in  which  said  school  district  is  situate,  and  also  upon 
the  collector  or  collectors  of  such  township  or  townships  ; 
and  upon  receipt  of  such  copy  or  copies,  it  shall  be  the  duty 
of  such  assessor  or  assessors,  at  the  time  of  the  next  regular 
assessment  of  school  taxes  in  such  school  district,  to  assess 
and  levy,  in  addition  to  said  regular  school  taxes,  the  amount 
due  upon  said  execution  with  interest  to  the  time  when  the 
same  shall  be  paid  to  the  officer  serving  such  process,  upon 
the  inhabitants  of  said  school  district  and  their  estates,  and 
upon  the  taxable  property  therein  ;  and  this  tax  shall  be 
assessed  and  collected  at  the  same  time  and  in  the  same 
manner  and  under  the  same  conditions,  restrictions  and 
regulations  upon  the  assessor  or  assessors,  collector  or  col- 
lectors, as  other  taxes  for  school  purposes  are  required  to  be 
assessed  and  collected  in  such  school  district ;  and  the  amount 
of  this  tax,  when  collected,  shall  be  a  separate  fund,  and 
shall  be  paid  over  by  the  collector  of  the  township  in  which 
such  school  district  shall  be  situate,  and  if  such  school  dis- 
trict be  situate  in  two  or  more  townships,  then  by  the  col- 
lector of  that  township  in  which  the  fraction  of  the  echool 
district  containing  the  school  house  is  situate,  to  the  officer 
serving  the  process. 


School  register, 
how  kept. 
Ibid,  8  41. 


TEACHERS. 

63.  Every  teacher  of  a  public  school  shall  keep  a  school 
register  in  the  manner  provided  therefor,  and  no  salary 
shall  be  paid  to  such  teacher  until  said  register  is  exhibited 
to  the  district  clerk  or  other  officer  authorized  to  make  pay- 
ment, and  until  said  officer  finds,  by  examination,  that  the 
register  has  been  properly  kept  for  the  time  for  which  salary 


SCHOOL  LAW  25 


is  demanded,  and  enters  upon  the  register  a  certificate   to 
that  effect.* 

64.  Every  teacher  who  shall  leave  a  school   before  the  ?^y7ufper_ 
close  of  the  school  year  shall,  at  the  time  of  leaving,  make  to  SjJJJjJJ; 
the  county  superintendent  a  report  of  the  school  for  all  that 
portion  of  the  current  school  year  that  the  school  has  been  in 

his  or  her  charge,  and  shall,  at  the  same  time,  give  a  dupli- 
cate of  said  report,  and  surrender  the  school  register  to  the  school  register 

.  .  left  with  district 

district  clerk,  and  any  teacher  who  may  be  teaching  any  clerk. 
school  at  the  close  of  the  school  year  shall,  in  his  or  her 
annual  report,  include  all  the  statistics  from  the  school 
register  for  the  entire  school  year,  notwithstanding  any  pre- 
vious report  for  a  part  of  the  year  ;  no  school  money  shall  be 
paid  to  any  teacher  for  the  last  month  of  his  or  her  services, 
until  the  report  herein  required  shall  have  been  made  and 
received,  and  the  register  exhibited  ;  provided,  that  in  graded  Proviso. 
schools,  in  which  there  are  more  teachers  than  one,  the  prin- 
cipal teacher  alone  shall  be  responsible  for  the  school  report 
and  register. 

65.  No  teacher  shall  be  entitled  to  any  salary  unless  such  when  not  enu- 
teacher  shall  be  the  holder  of  a  proper  teacher's  certificate  ibid.  §43. 

in  full  force  and  effect. 

66.  In  every  contract,  whether  written  or  verbal,  between  School  month 

'  and  holidays. 

any  teacher  and  board  of  trustees,  a  school  month  shall  be  Ibid  §44 
construed  and  taken  to  be  twenty  school  days,  or  four  weeks 
of  five  school  days  each;  and  no  teacher  shall  be  required 
to  teach  school  on  the  first  day  of  January,  the  twenty-second 
day  of  February,  thirtieth  day  of  May,  fourth  day  of  July,  £ 
first  Monday   in  September  (to  be  known  as  Labor  Day), 
Thanksgiving  Day,  twenty-fifth  day  of  December  and  any 
day  upon  which  a  general  election  shall  be  held  for  mem- 
bers of  assembly  in  each  year,  and  also  any  day  set  apart  by 
proclamation  of  the  governor  of  this  state  or  by  the  president 

*  i.  A  school  teacher  who  has  rendered  services  according  to  the  requirements  of  the 
school  law,  and  is  refused  compensation  out  of  the  fund  specially  provided  for  that  purpose, 
is  entitled  to  a  mandamus  to  compel  the  proper  officers  to  perform  their  duty,  and  to  make 
payment  of  what  is  justly  due.  Apgar  v.  School  Trustees,  &-'c.,  5  Vr  308. 

2.  In  an  action  brought  by  a  teacher  to  recover  of  the  trustees  of  a  school  district  for  ser- 
vices as  a  teacher  an  objection  that  the  plaintiff  was  not  the  holder  of  a  proper  teacher's 
certificate  in  full  force  and  effect  cannot  be  made  afier  the  evidence  is  closed  and  the  cause 
being  summed  up.  Sproul  v.  Smith,  n  Vr.  314. 


26  SCHOOL  LAW. 


of  the  United  States  for  the  purpose  of  public  observance  ; 
and  no  deduction  from  the  teacher's  time  or  wages  shall  be 
made  by  reason  of  the  fact  that  a  school  day  happens  to  be 
one  of  the  days  referred  to  in  this  section ;  any  contract 
made  in  violation  of  this  section  shall  have  no  force  or  effect 
as  against  the  teacher. 

JuethohHtySover         67.  Every  teacher  shall  have  power  to  hold  every  pupil 

pupLls',867,         accountable  in  school  for  any  disorderly  conduct  on  the  way 

CLXXIX,  §  45.  t°  or  from  school,  or  on  the  play  grounds  of  the  school,  or 

during  recess,  and  to  suspend  from  school  any  pupil  for  good 

Proviso.  cause ;  provided,  that  such  suspension  shall  be  reported  by 

the  teacher  to  the  trustees  as  soon  as  practicable  ;  and  if  such 

[See  sec.  71  ] 

action  is  not  sustained   by  them,  the  teacher  may  appeal  to 
the  county  superintendent,  whose  decision  shall  be  final. 
m^°foarb?ddenh"       68-  No  principal,  teacher  or  other  person  employed   or 
ciJp'.cfx,  §  i.  engaged  in  any  capacity  in  any  school  or  educational  institu- 
tion within  this  state^  whether  public  or  private,  shall  be 
permitted  to  inflict,  or  direct,  or  cause  to  be  inflicted,  cor- 
poral punishment  upon  any  child  or  pupil  attending  or  that 
they  may  attend  the  same. 
Resolutions  69.   Any  and  every  resolution,  by-law,  rule,  ordinance  or 

authorizing  •  J  J  ' 

corporal  punish-  other  act  or  authority  heretofore  or  hereafter  passed,  adopted, 
ibid .g 2.  approved,  made  or  given,  by  any  person  or  persons  whom- 

soever, natural  or  artificial,  permitting  or  authorizing  cor- 
poral punishment  to  be  inflicted  upon  any  child  or  pupil 
attending  or  that  may  attend  any  school  or  educational  insti- 
tution in  this  state,  is  hereby  made  and  shall  be  henceforth 
'  absolutely  void  and  of  no  force  or  effect. 

Dismissal  of  70.  In  case   of  the   dismissal  of  any  teacher  before  the 

paL.ei867,         expiration  of  any  contract  entered  into  between  such  teacher 

CLXXIX,         and  trustees,  the  teacher  shall  have  the  right  of  appeal  to  the 

county  superintendent,    and    if   the  county  superintendent 

shall  decide  that  the  removal  was  made  without  good  cause, 

said  teacher  shall  be  entitled  to  compensation  for  the  full 

time  for  which  the    contract    was     made;    but  it  shall  be 

optional  with  the  trustees  whether  he  or  she  shall  or  shall 

not  teach  for  the  unexpired  term. 


SCHOOL  LAW.  27 


PUPILS. 

71.  The  pupils  of  the  public  schools  shall  comply  with  Pupils  to  submit 

•  i  T    i       i    '  /,  «•          I  to  authority  of 

the  regulations  established  in  pursuance  of  law  for  the  gov-  teacher. 
ernment  of  such  schools;  shall  pursue  the  course  of  study,  [Seesee67] 
and  use  the  series  of  text-books  prescribed  by  the  trustees 
and  county  superintendent,  and  shall  submit  to  the  authority 
of  the  teachers;  continued  and  willful  disobedience,  or  open 
defiance  of  the  authority  of  the  teacher,  the  use  of  habitual 
profanity  or  obscene  language,  shall  constitute  good  cause 
for  suspension  or  expulsion  from  school ;  any  pupil  who 
shall  in  any  way  cut,  deface  or  otherwise  injure  any  school 
house,  fences  or  outbuildings  thereof,  shall  be  liable  to  sus- 
pension and  punishment,  and  the  parents  of  such  pupil  shall  Parents  liable 

for  damages. 

be  liable  tor  damages  to  the  amount  ot  injury,  on  complaint 
of  the  teacher,  the  amount  to  be  determined  by  the  trustees, 
and  collected  by  the  district  clerk,  by  an  action  in  debt  there- 
for, in  any  court  having  jurisdiction,  in  his  name  as  district 
clerk,  together  with  the  costs  of  said  action. 

72.  No  child  between  the  age  of  five  and  eighteen  years  fxciS  from 
of  age  shall  be  excluded  from  any  public  school  in  this  state  SS^1' 

on  account  of  his  or  her  religion,  nationality  or  color.  *  chap/cx'ux, 

73.  Any  member  of  any  board  of  trustees  of  any  school  penalty  for 

,..  .  .  ini  ....      voting  to  exclude 

district,  or  any  member  of  any  board  of  education  in  this  any  child  from 
state,  who  shall  vote  to  exclude  from  any  public  school  in  school. 

*  Ibid.  §  2. 

this  state,  any  child  between  the  age  of  five  and  eighteen 
years  of  age,  on  account  of  his  or  her  religion,  nationality  or 
color,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars,  nor  more  than  two  hundred  and  fifty  dollars, 
or  by  imprisonment  in  the  county  jail,  workhouse  or  peni- 
tentiary of  the  county  in  which  the  offense  is  committed,  not 
less  than  thirty  days,  nor  more  than  six  months,  or  both 
fine  and  imprisonment  may  be  imposed  in  the  discretion  of 
the  court. 

74.  It  shall  not  be  lawful  to  charge  tuition  fees  for  the  allowed" fees  not 
support  of  public  schools   in   this  state,  but  that  all  such 


*  School  trustees  cannot  exclude  t  hildren  from  any  public  school  on  the  ground  that 
they  are  of  the  negro  race.     Pierce  v.  Union  District  Trustees,  17  Vr.  76;  18  Vr.  348. 


DXXVIIJ9. 


28 


SCHOOL  LAW. 


Ages  of  pupils. 
PL.  1889. 
Chap    LI,gi. 


Proviso. 


Proviso. 


schools  shall  be  free  to  all  persons  over  five  and  'under 
eighteen  years  of  age  residing  within  the  district,  so  long  as 
such  schools  can  be  thus  maintained  with  the  public  school 
funds. 

75.  The  trustees  of  all  public  school  districts  within  this 
state  be  and  they  are  hereby  authorized  and  required  to 
admit  to  such  public  schools,  all  pupils  between  the  ages  of 
five  and  twenty  years,  residing  in  their  respective  districts; 
provided,  always,  that  attendance  shall  not  be  compulsory 
in  the  case  of  any  pupil  under  the  age  of  six  or  over  the 
age  of  eighteen  years;  and  provided  further,  that  in  taking 
the  school  census  only  pupils  between  the  ages  of  five  and 
eighteen  years  shall  be  enrolled,  as  heretofore. 


BOARDS  OF  EXAMINERS. 


State  board  of 
examiners. 
P.  L    1867, 
Chap. 


Certificates  of 
state  board. 


County  boards 
of  examiners. 
P.  L.  i893, 
Chap. 
CLXXVI.gi. 


76.  There  shall  be  a  state  board  of  examiners,  consisting 
of   the  state  superintendent  of  public  instruction  and  the 
principal  of  the  state  normal  school ;  they  shall  have  power, 
and  it  shall  be  their  duty,  to  hold  examinations  of  teachers, 
and  to  grant  state  certificates,  or  revoke  the  same,  under  such 
rules  and  regulations  as  the  state  board  of  education  may 
prescribe  ;    and  a  certificate  thus  granted  shall  entitle  the 
holder,  without  further  examination,  to  teach  in  any  part  of 
the  state,  so  long  as  the  certificate   remains  valid    by  the 
terms  thereof,  and  in  any  school  not  of  a  higher  grade  than 
that  for  which  the  certificate  represents  him  aa  qualified. 

77.  There  shall  be    in    each  county  a  county  board  of 
examiners,  which  shall  be  composed  of  the  county  superin- 
tendent, who  shall,  ex-officio,  be  chairman,  and  of  a  number 
of  teachers,  not  to  exceed  three,  to  be  appointed  by  him,  who 
shall  hold  for  one  year  from  the  time  of  their  respective 
appointments;  but  no  person  shall  be  appointed  as  county 
examiner  unless  he  holds  either  a  state  or  a  first  grade  county 
certificate;    the  county  superintendent  shall   fill    vacancies 
that  occur  from  absence  or  other  cause,  but  if  he  cannot  find 
any  teacher  in  his  county  qualified  under  the  provisions  of 
this  section  willing  to  serve,  he  shall  conduct  the  examination 


SCHOOL  LAW.  29 


himself;  the  board  shall  meet  at  such  places  as  may  be  desig- 
nated by  the  chairman,  and  shall  hold  at  least  three  regular 
sessions  each  year;  each  member  of  the  county  board  of 
examiners,  except  the  county  superintendent,  shall  receive 
for  his  services,  in  addition  to  traveling  expenses,  such  com- 
pensation as  may  be  fixed  by  the  state  board  of  education, 
not  exceeding  ten  dollars  for  each  regular  examination,  to  be 
paid  by  the  county  collector  on  the  order  of  the  county 
superintendent;  provided,  that  whenever  said  board  shall  Proviso 
hold  sessions  at  any  other  time  than  as  appointed  by  the 
state  board  of  education,  no  compensation  shall  be  allowed 
from  the  county  ;  but  in  case  of  special  examinations  said 
board  may  charge  each  applicant  an  examination  fee  not 
exceeding  two  dollars ;  the  county  board  of  examiners  shall 
have  power  to  conduct  examinations  and  to  grant  certificates 
of  different  grades,  in  accordance  with  the  general  regula- 
tions on  the  subject  prescribed  by  the  state  board  of  educa- 
tion. 

78.  In  every  city  having  a  board  of  education  governed 
by  special  laws  there  may  be  a  city  board  of  examiners,  to 
consist  of  such  members  as  said  board  of  education  of  that  gl- 
city  may  appoint;  eaid  examiners  shall  have  power,  subject 
to  such  rules  and  regulations  as  may  be  prescribed  by  the 
city  board  of  education,  to  grant  certificates  of  qualification, 
which  shall  be  valid  for  all  schools  of  that  city,  and  no 
teacher  shall  be  employed  in  any  of  the  schools  of  that  city 
nnless  possessing  such  certificate,  or  a  state  certificate,  nor  in 
any  school  of  a  higher  grade  than  that  for  which  such  certi- 
ficate represents  the  holder  to  be  qualified  ;  any  city  board 
of  examiners  may  recognize  the  certificates  of  any  other 
city,  and,  without  examination,  issue  to  the  holders  certifi- 
cates of  a  corresponding  grade. 

SCHOOLS. 
State  Normal  School. 

79.  There  shall  be  a  normal  school,  or  seminary,  for  the  Normai^chooi. 
training  and  education  of  teachers  in  the  art  of  instructing  £LXXIX  §5i 
and  governing  the  common  schools  of  this  state,  the  object  [Seesec-3] 


30 


SCHOOL  LAW. 


Supervision  of 
normal  school. 
Ibid,  g  54- 
[See  sec.  3.] 


Treasurer. 


Annual  report. 


Repairs,  &c.,  to 
normal  school. 
P.  L.  1867, 
Chap. 

CLXXIX.gz, 
div.  6. 
P.  L.  1885, 
Chap   CLXIV, 
§  i,  div.  3. 


Pupils,  how 
admitted. 
P.  L.  1867, 
Chap. 
CLXXIX,  §  56. 


Number  of 

pupils. 

P.  L   1893, 

Chap   XLIX, 


of  which  normal  school  or  seminary  shall  be  the  training 
and  education  of  its  pupils  in  such  branches  of  knowledge, 
and  such  methods  of  teaching  and  governing,  as  will  qualify 
them  for  teachers  of  our  common  schools. 

80.  To  the  said   board  of  trustees  shall  be  committed  the 
control  and  use  of  the  buildings  and  grounds  owned  and 
used  by  the  state  for  the  use  of  the  normal  school,  the  appli- 
cation of  the  funds  for  the  support  thereof,  the  appointment 
of  teachers  and  the  power  of  removing  the  same,  the  power 
to  prescribe  the  studies  and  exercises  of  the  school,  and  rules 
for  its  management,  to  grant  diplomas,  to  appoint  some  suit- 
able person  treasurer  of  the  board,  and  to  frame  and  modify 
at  pleasure  such  by-laws  as  they  may  deem  necessary  for 
their  own  government;  and  they  shall  report  annually  to 
the  legislature  their  own  doings  and  the  progress  and  con- 
dition of  the  school, 

81.  To  order  all  necessary  repairs  to  the  grounds,  build- 
ings and  furniture  of  the  state  normal  school,  and  to  keep 
said  buildings  and  furniture  insured,  and  the  comptroller 
shall  draw  warrants  on  the  treasurer  of  the  school  fund  for 
the  payment  of  the  same,  upon  the  certificate  of  the  presi- 
dent of  said  board. 

82.  At  the  opening  of  each  term  of  the  normal  school  the 
principal,  with  his  assistants,  shall  proceed  to  examine  appli- 
cants, and  to  admit  to  the  school  such  as  appear  to  be  pos- 
sessed of  the  proper  qualification  to  the  number  to  which 
each  county  may  be  entitled. 

83.  Each  county  shall  be  entitled  to  at  least  six  times  as 
many  pupils  in  the  school  as  it  has  representatives  in  the  leg- 
islature; and  in  case  any  county  is  not  fully  represented  ad- 
ditional candidates  may  be  admitted  from  other  localities  on 
sustaining  the  requisite  examination  ;    the  applicants  shall 
give  on  admission  a  written  declaration  signed  with  their  own 
hands,  that  their  object  in  seeking  admission  to  the  school 
is  to  qualify  themselves  for  the  employment  of  public  school 
teachers,  and  that  it  is  their  intention  to  engage  in  that  em- 
ployment in  this  state  for  at  least  two  years  or  refund  to  the 
state  the  cost  of  their  tuition. 


SCHOOL  LAW.  31 


84.  The  board  of  trustees  shall  appoint  and  procure  the  >reacjl'™/  how 
number  of  teachers  which  may  be  necessary  to  carry  out,  ^pl867' 

in  the  best  and  highest  sense,  the  purposes  and  designs  of  jj^JJ*'^  s8' 
this  act,  and  shall  furnish  for  the  use  of  the  pupils  the 
necessary  apparatus  and  text-books,  so  far  as  the  funds  here- 
after to  be  named  and  appropriated  for  the  support  of  the 
school  will  allow;  and  the  tuition  in  the  normal  school  shall 
be  gratuitous. 

85.  The  board  of  trustees  are  authorized  to  maintain  a  iwdj  sg*001 
model  school,  under  permanent  teachers,  in  which  the  pupils  [S 

of  the  normal  school  shall  have  opportunity  to  observe  and 
practice  the  modes  of  instruction  and  discipline  inculcated 
in  the  normal  school,  and  in  which  pupils  may  be  prepared 
for  the  normal  school. 

86.  For  the  support  of  the  normal  school  and   to  carry  pT.Ts^011' 
out  the  purpose  and  designs  of  this  act,  there  is  appropriated  g^.ap' 
hereby  the  annual  sum  of  twenty-eight  thousand  dollars,  to 

be  paid  out  of  the  income  of  the  school  fund  upon  the  war- 
rant of  the  comptroller. 

M      mi  i         i  f  School  year  for 

87.  1  he  school  year,  so  far  as  regards  the  state  normal  normal  school. 

P.  L.  1872, 

school,  shall  hereafter  terminate  on  the  last  day  of  June.        ^hap\ 

Deaf-Mute  School. 

88.  The   property   latety   used   as  a   home    for   soldiers7  Property  desig- 

nated and  uses 

children  shall  be  taken  and  set  apart  to  be  used  as  an  insti-  Pfj.gjj1 
tution  for  the  maintenance  and  instruction  by  the  state  of  its  CLXXXV'II 
indigent  deaf  and  dumb. 


89.  The  name  and  title  of  the  institution  shall  hereafter  tioT6  ( 

be  u  the  New  Jersey  school  for  deaf-mutes."  chap.citi,  \  2. 

90.  Indigent  deaf  and  dumb  persons  of  suitable  age  and  ^f  a 
capacity  for  instruction,  who  are  legal  residents  of  this  state,  chap'.1   2' 

CLXXXVII 

shall  be  entitled  to  the  privilege  of  the  school  without  charge,  pe/ 

and  for  such  a  period  of  time  in  each  individual  case  as  may  tip™ 

be  deemed  expedient  by  the  board  of  trustees  ;  provided,  that  proviso. 

whenever  more  persons  apply  for  admission  at  one  time  than 

can  be  properly  accommodated  in  the  said  school,  the  ti  ustees 

shall  so  apportion  the  number  received  that  each  county  may  Apportionment 

be  represented  in  the  ratio  of  its  deaf  and  dumb  population 


to  counties. 


32 


SCHOOL  LAW. 


Application  for 
admission. 
(See  sec    4.] 
Certificate  re- 
quired. 


Object  of  the 
school. 


Trustees  to 
make  by-laws 
and  regulations. 
[See  sec.  4.J 


Officers  of 
board  of  trus- 
tees. 

Committees. 

Duties  of  treas- 
urer. 


To  give  bond. 


By  whom  ap- 
proved 
Where  de- 
posited. 

Appointment  of 
superintendent 
and  teachers. 


to  the  total  population  of  such  persons  in  the  state  ;  applica- 
tion for  admission  into  the  said  school  shall  be  made  to  the 
board  of  trustees  in  such  manner  as  they  may  direct,  but  the 
board  shall  require  each  application  to  be  accompanied  by  a 
certificate  from  a  county  judge  or  county  clerk  of  the  county, 
or  the  chosen  freeholder,  or  clerk  of  the  township,  or  the 
mayor  of  the  city  where  the  applicant  resides,  setting  forth 
the  applicant  is  a  legal  resident  of  the  town,  township  or 
city,  county  and  slate,  claimed  as  his  or  her  residence,  and 
the  age,  circumstances  and  capacity  of  such  pupil,  and  the 
ability  or  inability  of  the  parent  or  guardian  of  such  pupil 
to  pay  any  part  of  the  expense  of  tuition,  care  and  mainten- 
ance of  the  person  in  whose  behalf  such  application  may  be 
made ;  the  primary  object  of  the  school  shall  be  to  furnish 
to  the  indigent  deaf  and  dumb  children  of  this  state  the  best 
known  facilities  for  the  enjoyment  of  such  a  share  of  the 
benefits  of  the  system  of  free  public  education  established 
in  this  state  as  their  afflicted  condition  will  admit  of;  the 
board  of  trustees  shall  have  charge  of  all  the  affairs  of  the 
school,  with  power  to  make  such  by-laws  and  regulations  for 
the  government  and  the  proper  management  thereof,  as  well 
as  for  the  admission  of  pupils,  as  shall  be  approved  by  the 
state  board  of  education ;  they  shall  elect  from  their  own 
number  a  president,  treasurer  and  secretary,  together  with 
such  standing  committees  as  they  may  deem  necessary ;  the 
treasurer  shall  have  the  custody  of  all  the  funds  of  the  said 
school,  and  pay  out  the  same  only  on  proper  authenticated 
orders  of  the  board,  or  its  executive  committee ;  before  enter- 
ing upon  the  duties  of  his  office  he  shall  give  bond,  with  at 
least  two  sureties,  to  be  approved  as  hereinafter  stated,  to 
the  people  of  the  state  of  New  Jersey,  in  the  penal  sum  of 
ten  thousand  dollars  conditioned  for  the  faithful  discharge 
of  his  trust,  which  bond  shall  be  approved  by  the  board  of 
trustees  of  this  state  [institution],  and  deposited  in  the  office 
of  the  secretary  of  state ;  the  board  of  trustees  shall  have 
power  to  appoint  a  competent  and  experienced  superinten- 
dent, who  shall  be  the  chief  executive  officer  of  the  school, 
together  with  an  efficient  corps  of  teachers  and  subordinate 
officers,  prescribe  the  duties  and  terms  of  service  of  the 


SCHOOL  LAW.  33 


ceive  no  com- 


same,  fix  and  pay  their  salaries,  and  for  just  cause  remove 
any  or  all  of  them  ;  they  shall  likewise  employ  the  requisite  S^y  be  removed 
number  of  servants   and    other   assistants    in    the    various  EmpSyme.  t  of 
departments  of  the  school,  and  pay  the  wages  of  the  same ;  s«Smsts  a 
and  they  shall  purchase  all  furniture,  school  books,  school  t^ajrmwage°f 
apparatus ;  and  other  supplies  necessary  to  the  equipment  and 
carrying  on   of   the  same,  and   in   the   manner  hereinafter 
described. 

91.  The  trustees  of  said  institution  shall  receive  no  com-  2^?!!?!:! 
pensation  for  their  services  except  in  the  case  of  the  treas- 
urer, who  may  be  fairly  compensated  at  the  discretion  of  the 
board,  but  they  shall  be  paid  all  necessary  expenses  incurred  £*? 

by  them  in  the  discharge  of  their  duties,  to  be  paid  by  the  Treasurer  may 
treasurer  of  said  board  of  trustees  on  the  order  of  the  gov-  be  pald> 
ernor. 

92.  That   any  indigent  deaf-mute  of  suitable  capacity, 
who  shall  be  a  legal  resident  of  this  state,  and  who  shall  be 
not  less  than  eight  years  nor  more  than  twenty-one  years  of  gl" 
age,  may  be  admitted  to  and  be  entitled  to  the  benefits  of 
the  institution,  subject  to  such  rules  and  regulations  as  have 
been  or  may  be  established  by  the  state  board  of  education; 

the  term  of  instruction  shall  be  three  yenrs,  but  in  any  case  Termofii 
in  which  it  may  be  proper,  in  the  judgment  of  the  said 
board,  the  term  may  be  thereupon  extended  by  said  board 
for  a  period  not  exceeding  eight  years,  which  said  term  may 
be  further  extended  by  said  board  in  meritorious  cases  for  a 
period  not  exceeding  three  additional  years;  and  provided ,  Proviso. 
further,  that  when  it  shall  be  found,  in  the  judgment  of  said 
board,  that  any  pupil  now  in  the  institution,  or  hereafter 
admitted,  shall  be,  from  want  of  capacity  or  other  cause, 
not  capable  of  receiving  the  benefits  designed  to  be  con- 
ferred, or  that  the  retention  of  any  pupil  is  or  may  be  detri- 
mental to  the  interests  of  the  school,  the  said  board  shall 
have  power  to  shorten  the  term  of,  or  to  dismiss  from  the 
school  such  pupil  upon  reasonable  notice  given  to  his  or  her 
parents  or  guardians. 

93.  Whenever  the  board    of   trustees    shall  be  satisfied  Tuition  and 

,  -  ,     .  _  maintenance  of 

that  the  resources  of  any  person  applying  for  the  benefits  of  pupils  not  indi- 
this  act,  or  those  of  his  or  their  parents  or  guardians,  are 


34 


SCHOOL  LAW. 


P.  L.  1882, 

Chap 

CLXXXVII, 


Additions  and 
repairs  to  build- 
ings to  be  made 
by  contact. 
Ibid.  2  10. 


Supplies  to  be 
contracted  for. 


Proposals  to  be 
invited  by  ad- 
vertisement 


Bonds  to  be 
given  by  con- 
tractors. 


Trustees  may 
reject  all  bids. 


Trustees  to  make 
quarterly  report 
to  governor. 
P.  L.  1888, 
Chap 

ccxxxvn, 


sufficient  to  defray  a  part  o*'  the  expense  of  instructing  and 
maintaining  such  person,  but  not  sufficient  to  defray  the 
whole  expense,  then  the  board  of  trustees  may  cause  to  be 
paid  such  proportion  as  to  them  may  seem  just  and  equitable 
of  the  annual  expense  of  educating  such  person. 

94.  All    improvements,    additions    and    repairs    to    the 
buildings  to  be  used  for  the  purposes  of  this  act,  together 
with  the  furnishing  of  the  same,  shall  be  by  contract,  after 
due  notice  is  given  and  specifications  furnished  ;  and  that  it 
shall  be  the  duty  of  the  superintendent,  under  the  direction 
of  the  board  of  trustees,  to  invite  proposals  twice  in  each 
year,  at  intervals  of  six  months,  for  supplying  the  institu- 
tion with  dry  goods,  wearing  apparel,  groceries,  provisions, 
vegetables,  fuel,  illuminating  material,  and  all  other  articles 
the  necessity  of  which  it  is  practicable  to  determine  as  being 
needed  for  the  ensuing  six  months,  the  standard  quality  of 
which  shall  be    determined    by    the    board,  and   standard 
sample  grades  of  non-perishable  articles  shall  be  kept  in  the 
office  of  the  superintendent,  for  the  inspection  of  bidders ; 
the  inviting  of  proposals  shall  be  advertised  ten  consecutive 
days  in  two  daily  newspapers  published  in  the  city  of  Tren- 
ton, and  which    advertisement   shall    classify    the   articles 
which  shall  be  grouped  in  each  bid,  and  also  state,  as   near 
as  practicable,  the  amount   and  quantity  needed  and    that 
said  goods  are  to  be  delivered  during  the  ensuing  six  months, 
as  wanted,  on  the  order  of  the  superintendent ;  and  it  shall 
be  the  duty  of  the  board  to  award  the  contract  to  the  lowest 
average  bidder  on  each  class  or  group  of  articles  advertised 
for,  and  to  require  the  contractors  to  enter   into  suitable 
bonds  for  the  faithful  performance  of  the  same ;  it  is  further 
provided,   that  the  board  of  trustees   reserve   the  right  to 
reject  any  or  all  bids   not  considered  to  be  in  the  interest  of 
the  state. 

95.  It  shall  be  the  duty  of  the   trustees   of  the  New 
Jersey  school  for  deaf-mutes  to  submit  a  quarterly  report  to 
the  governor  of  the  state  showing  the  number  of  pupils 
taught  and   maintained  in  the  school   in  each  quarter,  and 
upon  the  approval  of  the  said  report  by  the  governor,  there 
shall  be  paid  to  the  said  trustees,  for  such  expenses,  the  sum 


SCHOOL  LAW.  35 


or  sums  required  to  defray  the  expenses  of  teaching,  main-  APPr°Priatlon- 
taining  and   clothing  the  said   pupils  for  the  said    quarter; 
provided,  the  said  sum  shall  not  exceed  for  any  three  months  Proviso 
the  sum  of  seventy-six  dollars  for  each  pupil   taught,  main- 
tained and  clothed  within   the  said   period,  the  same   to   be 
paid  by  the  state  treasurer,  out  of  the  income  of  the  school 
fund,  upon  the  warrant  of  the  comptroller. 

DISTRICT  SCHOOLS. 

96.  The  several  school  districts  in  each  township  shall  bo  consolidation  of 

1  school  districts. 

consolidated  into  one  school  district,  and  that  all    property,  P^L.  i894, 
real   and    personal,    of  said    several    school    districts    shall  ca.xxxv. 
become  and  be  the   property  of  the  consolidated  district,  in 
its  corporate   capacity,  and  shall   be  held   in   its   corporate 
name,  and  the  several  obligations  and  debts  of  said  districts, 
whether  secured  by  bonds  or  otherwise,  shall  be  assumed  by 
and  shall  become  the  obligations  and  debts  of  said   consoli- 
dated district.* 

97.  Each  city,  borough  and   incorporated  town  shall  be  a  J^JJiu^J01"'' 
school   district,  separate   and   distinct    from    the    township  Ibid  ^24- 
school  district ;  provided,  that  whenever  any  borough  or  any 

district  acting  under  a  special  charter,  or  under  the  provi- 
sions contained  in  the  charter  of  any  city,  town,  borough  or 
other  municipality,  desires  to  consolidate  with    the  township  Boroughs  and 
and  form  but  a  single  school  district,  such  consolidation  shall  spedaTcharters 
take  effect  when  the  board  of  education  of  such   borough  or  township. 
district  shall  file  with  the  county  superintendent  a  certificate 
that  at  a  meeting  of  the  legal  voters  of  such  borough  or  dis- 
trict a  majority  of  the  legal  voters  present  voted  in  favor  of 
such  consolidation,  which  meeting  shall  be  specially  called 
for  that   purpose  by  the  board   of  education  in   the  manner 
provided  tor  calling  other  special  meetings  of  the  legal  voters 
of  the  district. 

98.  Wherever  the  word  "district  "   is  used  in  this  act,  or  howton^rued' 

in  the  act  to  which   this  is  an  amendment,  it  shall  be   taken  fsie'secs' 97  and 

98.] 

*  The  fact  that  a  debt  was  contracted  by  the  trustees  of  a  district,  which  was  sub- 
sequently consolidated  with  another  district,  will  not  bar  the  right  to  recover;  the  new 
district  having  become  entitled  to  all  the  property,  rights  and  assets  of  and  liab'e  to  all 
just  claims  against  the  several  districts.  Sproul  v.  Smith,  11  Vr.  314. 


SCHOOL  LAW. 


Children  to  at- 
tend school  ir 
district  where 
they  reside.   . 
Ibid,  g  21. 


May  be  trans- 
ferred to  other 
districts  in  cer- 
tain cases. 


Proviso. 


District  may 
provide  transpor- 
tation for  chi1- 
dren  in  certain 
cases. 
Ibid..g  22. 


Suitable  school 

buildings 

repaired. 

P.  L.  1867, 

Chao. 

CLXX1XJ62. 

[See  sec.  33.] 


as  applying  only  to  districts  constituted  as  provided  in  sec- 
tions thirteen  and  twenty-four  of  this  act. 

99.  All  children  shall  be  required  to  attend  the  schools  in 
the  district  in  which  they  reside;  provided,  that  any  child 
living  remote  from  any  public  school  in  the  district  in  which 
he  resides  may  be  allowed  to  attend  the  public  schools  in  an 
adjoining  district,  but  only  with  the  consent  of  the  county 
superintendent,  which  consent  must  be  in  writing,  and  one 
copy  thereof  filed  with  the  district  clerk  of  the  district  in 
which  such  child  resides,  and  one  copy  filed  with  the  district 
clerk  of  the  district  in  which  such  child  attends  school ;  and 
in  case  the  districts  are  not  in  the  same  county,  the  consent 
of  the  superintendent  of  each  county  must  be  obtained;  and 
provided,  further,  that  the  money  apportioned  to  the  district 
for  such  child  on  the  basis  of  the  school  census  shall  be  paid 
over   by  the   towcship  collector  of  the  township  in  which 
such  child  resides  to  the  township  collector  of  the  township 
in  which  such  child  attends  school  on  the  order  of  the  county 
superintendent. 

100.  When   in  any  district  there  are  children  living  re- 
mote from  the  school  house,  and  who  are  unable  on  that  ac- 
count to  attend  such  school,  such  district  may  order  raised 
by  special    district  tax   an  amount  of  money  sufficient  to 
enable  the  board  of  education  to  transport  such  children  to 
and  from  the  school,  under  such  rules  and  regulations  as  may 
be  deemed  necessary  by  the  board  of  education  of  such  dis- 
trict;  that  the  moneys  expended  in  accordance  with  the  pro- 
visions of  this  section  shall  be  entered  as  a  separate  item  in 
the  accounts  kept  by  the  district  clerk,  and  that  the  total 
sum  expended  for  the  purpose  of  transporting  such  children 
shall   not  exceed   the  amount  ordered  to   be  raised  for  said 
purpose. 

District  Schools. 

101.  The   inhabitants  of  every  school   district  shall    be 
required  to   provide  a  suitable   school   building   and    out- 
houses for  the  accommodation  of  their  children;    and   in 
case  such   buildings   are   not   provided,  or   those  already  in 
use  shall  be  pronounced  by  the  county  superintendent  unfit 


SCHOOL  LAW.  37 


for  the  purposes  for  which  they  are  applied,  such   district 
shall   be  deprived  of  the   benefit  of  that  part  of  the  state  Penaltv 
appropriation  derived  from  the  revenues  of  the  state  until 
suitable  buildings  shall  be  erected. 

102.  Every  building:  now  or  hereafter  used  in  whole  or  school  houses  to 

J  be  provided  with 

in   part   as  a  school  house  shall  be  provided  with  proper  preLS,88es" 
ways  of  egress  or  other  means  of  escape  from  fire  sufficient  J^LXXXVII 
for  the  use  of  all  persons  assembling  in  such  building,  and  81- 
such  ways  of  egress  and   means  of  escape  shall  be  kept  free 
from  obstruction,   in  good    repair  and    ready   for   use  ;  all 
doors  in  any  building  subject  to  the  provisions  of  this  sec-  [see  sec.  33.1 
tion   shall   open  outwardly,  if  the  inspector  or  one  of  his 
deputies  shall  so  direct  in  writing;  no  portable  seats  shall 
be  allowed  iu   the  aisles  or  passageways  of  such    building 
during  any  service  or  entertainment  held  therein. 

103.  A  copy  of  this  act  shall   be  kept   posted   in   a  con-  Copyofiawto 

1  J  ^  be  posted. 

spicuous  place  in  every  such  building  by  the  person  occupy-  lbi(M2 
ing  the  premises. 

104.  Every  story  above  the  second  story  of  a  building  f^6 extiniulsh- 
subject  to  the  provisions  of  section  one  of  this  act  shall  be  ^ 
supplied  with  means  of  extinguishing  fire,  consisting  either 

of  pails  of  water  or  other  portable  apparatus,  or  of  a  hose 
attached  to  a  suitable  water  supply,  and  capab'e  of  reaching 
any  part  of  such  story;  and  such  means  of  extinguishing 
fire  shall  be  kept  at  all  times  ready  for  use  and  in  good  con- 
dition. 

105    All    building-s    now  or    hereafter  erected  in  which .  Fire  escapes  on 

buildins. 

twenty  or  more  persons  live  or  congregate  or  are  employed, 
temporarily  or  otherwise,  above  the  first  or  ground  floor 
thereof,  shall  have  one  or  more,  as  the  proper  authority 
shall  direct,  external  wrought-iron  fire  escapes,  of  such 
dimensions  and  character  and  subject  to  such  regulation  and 
construction  as  the  said  proper  authority  shall  .designate. 

106.  In  all  incorporated  municipalities  the  board  of  alder-  who  to  enforce 

in  municipalities. 

men,  city  council  or  borough  commissioners  shall  provide  for  n>«d-§*- 
the  enforcement  of  the  provisions  of  this  act  by  ordinance. 

107.  In  all  sections  outside  of  incorporated   municipali- 
ties,  township  committees  shall  have  power  to  enforce   the  lbid 
provisions  of  this  act. 


38 


SCHOOL  LAW. 


Time  schools 
must  be  main- 
tained. 
P.  L.  1867, 
Chap. 

CLXXIX,  £63. 
[See  sec.  141.] 
Proviso. 


Power  of  schorl 
district  to  bor- 
row money  to 
pay  teachers' 
salaries 
P.  L.  1886, 
Chap.  LXXIl, 


Power  of  with- 
holding school 
money. 
P.  L.  1881, 
Chap.  CLXXX, 

*<?• 

Lbee  sees.  15,  23, 

no  and  344. 


Proviso . 


Preamble. 


P.  L.  1886, 
Chap.  CCXXX 


Districts  having 
local  laws  may 
adopt  the  gen- 
eral law. 
Ibid.  JJ  i. 


108.  No  school  district  shall  be  entitled  to  receive  any 
part  of  the  school  appropriation  which  shall  not  have  main- 
tained a  public  school   for  at   least   nine  months  during  the 
then  next  preceding  school   year;  provided,  that  any  new 
district,  or  a  district  in   which  the  school  is  discontinued  on 
account  of  the  repairing  of  an  old  or  the  erection  of  a  new 
school  building,  shall   not   be  deprived   of  its  full  share  of 
the  public  school  funds  on  account  of  the  restrictions  of  this 
section. 

109.  Any  school  district  may,  after  the  first  day  of  Sep- 
tember and  before  the  thirty- first  day  of  December,  in  any 
year,  borrow  a  sum  not  exceeding  four- tenths  of  the  amount 
apportioned  to  such  district  from  the  state  school  moneys  for 
such  year,  for  the  purpose  of  paying  teachers' salaries  falling 
due  within  said  year;  acd  that  the  said  district  may  pay  the 
amount  so  borrowed,  together  with  interest  thereon  at  a  rate 
not  exceeding  six  per  centum  per  annum,  out  of  the  state 
school  moneys  apportioned  to  said  district  for  the  then  cur- 
rent school  year,  as  soon  as  the  same  shall  have  been  received 
by  the  township    collector  of  the  township  in   which  said 
district  is  situated. 

110.  In  case  any  school  district  or  city  shall  use  any  of 
the  school  money  apportioned  to  it  for  any  other  than  public 
school  purposes,  as  these  purposes  are  defined  and  limited  in 
the  ninety-first  section  of  this  act,  such  district  or  city  shall 
forfeit  out  of  the  next  annual  apportionment  a  sum  equal  to 
twice  the  amount  thus  used  ;  and  it  shall  be  the  duty  of  the 
county  superintendent  to  re-apportion  the  money  thus  for- 
feited among  the  other  districts  and  cities  of  his  county  ; 
provided,  the  state  superintendent  may  remit  such  penalty 
for  cause. 

WHEREAS,  Certain  school  districts  in  this  state  are  subject 
to  the  provisions  of  special  or  local  laws  applicable  to  such 
districts,  and  it  is  deemed  desirable  that  such  districts 
should  be  governed  solely  by  the  provisions  of  the  general 
school  law  of  this  state  ;  therefore, 

111.  Any  such  district  may  be  relieved  from  the  provisions 
and  limitations  of  such  special  or  local  laws  upon  the  adop- 
tion of  the  provisions  of  this  act  by  the  legal  voters  of  said 


SCHOOL  LAW.  39 


district  at  any  meeting  of  such  voters  called  for  the  purpose, 
as  hereinafter  provided. 

112.  Whenever  the  trustees  of  any  such  district  shall  by 
resolution  decide  to  submit  the  question  of  the  adoption  of  jfc 
this  act  to  the  voters  of  the  district,  they  shall  call  a  meeting 
for  that  purpose,  giving  notice  of  the  time,  place  and  object 
of  said  meeting,  in  the  manner  provided  for  the  calling  of 
school  meetings  bv  the  eighty-sixth  section  of  the  "  Act  to 

.    .  ,   [See  sec.  164.1 

establish  a  system  of  public  instruction  [Revision],  approved 
March  twenty-seventh,  one  thousand  eight  hundred  and  sev- 
enty-four, and  if  at  any  such  meeting  a  majority  of  the  legal 
voters  present  shall  vote  to  adopt  the  provisions  of  this  act, 
thereafter  said  district  shall  be  governed  solely  by  the  gen- 
eral school  laws  .of  this  state  applicable  thereto,  instead  of  the 
special  act,  and  the  said  trustees  shall  forthwith  file  a  cer- 
tificate with  the  county  school  superintendent  setting  forth 
the  determination  of  such  meeting. 

113.  In  case  of  the  adoption  of  this  act  by  any  district,  dfes0noSt0< 
the  said  district  shall  retain  all  its  property,  real  and  per-  n^ff.' 
soual,  and  be  subject  to  any  lawful  obligations  it  may  have 
incurred,  in  the  same  manner  and  to  the  same  extent  as  if 

the  provisions  of  this  act  had  not  been  adopted. 

114.  The  school  year  shall  begin  on  the  first  day  of  July  |chL°!j9e3ar- 
and  end  on  the  last  day  of  June.  cLXXvi,§2 


TEXT  BOOKS  AND  SUPPLIES. 
115.  School  trustees  and  boards  of  education  shall  pur-  school  boards 

1    m        to  supply  books 

chase   text    books    and    other    necessary   school    supplies  and  supplies  to 
for  use  in  the   public   schools   of    their   respective   school  £:L- 1894. 

Chap. 

districts,  as  such  new  text  books  and  supplies  are  required  CLXXXVII, 
in  addition  to  those  at  present  in  use  in  the  hands  of  pupils 
or  owned  by  the  school  districts,  out  of  a  free  text  book 
fund  of  the  district,  to  be  raised  by  special  school  tax, 
which  shall  be  assessed  and  collected  in  the  same  manner 
as  moneys  for  public  school  purposes  are  now  raised  by 
law,  and  when  so  procured  the  necessary  books  and  school 
supplies  shall  be  furnished  free  of  cost  for  use  in  the  public 
schoois  of  said  districts,  subject  to  the  orders  of  the  school 


40  SCHOOL  LAW. 


trustees  and  boards  of  education  thereof,  whose  duty  it  shall 
be  to  provide  for  the  return  of  and  for  the  safe  keeping  and 
care  of  the  books,  which  shall  be  returned  at  the  close  of  the 
annual  school  term  in  each  year,  or  as  the  board  may  direct. 
separate  account  n$t  The  board  shall  keep  an  account  of  all  moneys 

of  expenses  in-  <f 

curred  for  books,  expended    under   the   above  section,  and    report    it   under 
ibid.  §2.  separate  items  in  the  annual  financial  accounts  as  authorized 

by  law. 
school  officers         H7.  It  shall  not  be   lawful  for  the  county  superintend- 

not  to  act  as  * 

ibiTg'  ents»  SCMO°1  trustees  or  boards  of  education,  or  any  other 

person  officially  connected  with  the  common  school  system, 
to  become  agents  for  the  sale,  or  in  any  way  unlawfully  pro- 
mote the  sale,  of  any  school  books,  maps,  charts,  school  ap- 
paratus or  stationery,  or  to  receive  unlawful  compensation 
for  such  sale,  or  promotion  of  sale,  in  any  manner  whatso- 
ever, and  any  violation  of  the  provisions  of  this  section  shall 
be  deemed  a  misdemeanor,  and  punishable  with  removal 
.  from  office. 


officers  not  to          ng.  It  shall  not  be  lawful  for  any  director  or  president 

be  interested  in  . 

furnishing  books,  Of  any  school  board  in  this  state  to  be  interested  in  the  fur- 
ibid.  1 4.  nishing  of  books  or  any  other  supplies  for  said  schools. 

SCHOOL  FUND. 

Mhooffun°d  \V£.  The  governor  of  this  state,  the  president  of  the  sen- 

Chip'  xcli'  g  i  ate»  tne  sPeaker  of  the  house  of  assembly,  the  attorney  gen- 
eral, the  secretary  of  state,  the  comptroller  and  the  treasurer 
and  their  successors  in  office,  be  and  they  are  hereby  consti- 
tuted and  appointed  trustees  of  the  fund  for  the  support  of 
public  schools  in  this  state  arising  either  from  appropriation 
heretofore  made  or  which  may  hereafter  be  made  by  law,  or 
which  may  arise  from  the  gift,  grant,  bequest  or  devise  of 
any  person  or  persons  whatsoever,  which  trustees  shall  be 
known  by  the  name,  style  and  title  of  "  the  trustees  for  the 
support  of  public  schools ; "  provided,  that  it  shall  not  be 
lawful  for  any  teacher,  trustee  or  trustees  to  introduce  into 
or  have  performed  in  any  school  receiving  its  proportion  of 
the  public  money,  any  religious  service,  ceremony  or  forms 
whatsoever,  except  reading  the  Bible  and  repeating  the 
Lord's  prayer. 


SCHOOL  LAW.  41 


120.  The  public  stocks  and  moneys  heretofore  appropri- 
ated by  law  shall  constitute  the  funds  in   the  hands  of  the  J^p  t86?' 
trustees  appointed  by  the  foregoing  section  of  this  act,  and  CLXX]X>  2 
shall  be  held  by  the  said  trustees  in  trust,  the  interest  and 
dividends   arising    therefrom    to    be   applied    by    the    said 
trustees,  or  a  majority  of  them,  for   the  support  of  public 
schools  in  this  state,  in  the  mode  now  prescribed  or  hereafter 

to  be  prescribed  by  any  act  or  acts  of  the  legislature,  and 
for  no  other  use  or  purpose  whatsoever. 

121.  All  moneys  hereafter  received   from  the  sales  and  approbated  to 
rentals  of  land  under  water,  belonging  to  the  state,  shall  be  P.  L°iS87i, 

n        ,  ..  ,      Chap.  DXXX, 

paid  over  to  the  trustees  of  the  school  fund,  and  appropri-  §  x. 
ated  for  the  support  of  free  public  schools,  and  shall  be  held 
by  them  in  trust  for  that  purpose,  and  shall  be  invested  by 
the  treasurer  of  the  state,  under  their  direction,  in  the  same 
manner  as  the  funds  now  held  by  them  are  invested ;  the 
same  to  constitute  a  part  of  the  permanent  school  fund  of  the 
state,  and  the  interest  thereof  to  be  applied  to  the  support  of 
public  schools,  in  the  mode  which  now  is,  or  hereafter  may 
be,  directed  by  law,  and  to  no  other  use  or  purpose  what- 
ever. 

122.  All  leases  which  have  been   made  by  this  state,  or 
any  board  or  officer  of  this  state,  in  pursuance  of  the  pro- 
visions of  an  act  entitled  u  An  act  to  provide  for  the  use  of  g2?P' 
the  proceeds  of  riparian  sales,  grants  and  leases,"  approved 
March  nineteenth,  one  thousand  eight  hundred  and  ninety, 

of  lands  belonging  to  the  state  now  or  formerly  lying  under 
water,  be  and  the  same  are  hereby  transferred  to  the  trustees 
of  the  school  fund  of  this  state,  to  become  a  portion  of  the 
free  school  fund,  and  that  the  annual  income  arising  from 
such  leases  shall  be  distributed  by  the  said  trustees  for  the 
support  of  free  public  schools  in  the  same  manner  that  other 
moneys  are  now  distributed  for  that  purpose. 

123.  All   leases  which  shall   hereafter  be  made  of  lands 
belonging  to  the  state,  now  or  formerly  lying  under  water,  f^^ to  scho°l 
or  which   have  been   made    since  the  sixth  day  of  April, 
eighteen   hundred   and  seventy-one,  shall   be  transferred  to 

the  trustees  of  the  school  fund  of  this  state,  and  become  a 
portion  of  the  free  school  fund ;  and  the  annual  income 


42  SCHOOL  LAW. 


arising  from  said  leases  shall  be  distributed  by  the  said 
trustees  for  the  support  of  free  public  schools,  in  the  same 
manner  that  other  moneys  are  now  distributed  for  that  pur- 
pose. 

schooVfund°f          124<  The  fu»d    above  mentioned,  together  with   all  the 

Chip  cxix  nioneys  which  shall  be  received  by  the  treasurer  in  payment 
<>f  the  principal  or  interest  of  the  bank  or  turnpike  stock 
belonging  to  the  fund  for  the  support  of  free  schools,  all  the 
taxes  which  may  hereafter  be  received  into  the  treasury 
from  any  of  the  banking  and  insurance  companies  in  this 
state,  the  capital  stock  of  which  now  is,  or  may  hereafter  be 
liable  by  law  to  be  taxed,  all  appropriations  to  said  fund 
made  or  to  be  made  by  any  law  of  this  state,  and  the  amount 
of  all  gifts,  grants,  bequests  or  devises  hereafter  made  by 
any  person  or  persons  to  the  said  trustees,  for  the  purpose 
contemplated  by  this  act,  shall  be  invested  by  the  treasurer 
of  this  state,  under  the  direction  of  said  trustees,  or  a 
majority  of  them,  in  the  bonds  of  the  United  States,  or  of 
New  Jersey,  or  in  the  bonds  of  any  county,  city,  town  or 
township  of  this  state,  in  any  case  where  the  total  indebted- 
ness of  such  county,  city,  town  or  township  does  not  exceed 
in  the  aggregate  fifteen  per  centum  of  the  total  assessable 
valuation  of  all  taxable  property  within  such  county,  city, 
town  or  township,  the  interest  thereof  to  be  applied  to  the 
support  of  the  public  schools  in  the  mode  which  now  is,  or 
may  hereafter  be,  directed  by  law,  and  to  no  other  use  or 

Report  to  Legia-  purpose  whatsoever ;  an  account  of  the  management  of  the 
said  fund  shall  be  laid  before  the  legislature  with  the  annual 

Compensation  statement  of  the  treasurer's  account ;  and  no  compensation 
shall  be  made  to  said  trustees  or  treasurer  for  any  service 
performed  in  pursuance  of  the  direction  of  this  act;  and  all 
investments  of  money  and  property  belonging  to  said  fund 
now  held  or  existing  in  the  name  of  "  The  Trustees  for  the 
Support  of  Free  Schools,"  are  hereby  and  shall  hereafter  be 
ve3ted  in  and  held,  and  any  proceeding  or  action  whatever 
relative  thereto  may  be  taken,  had,  made  and  maintained  by 
said  trustets,  in  the  name  of  the  trustees  for  the  support  of 
public  schools. 


SCHOOL  LAW.  43 


125.  Whenever,  in  the  judgment  of  the  trustees  for  the  School  fund  may 

•f  be  invested  in 

support  of  free  schools  of  this  state,  or  a  majority  of  them,  JJiSd^Sbond*. 

it  shall  not  be  deemed  advisable  or  for  the  best  interests  of  owVSfU^. 

the  school  fund  to  invest  the  income  of  the  said  fund  in 

bonds  secured  by  mortgage  on  land,  they  shall   have   the  [Seesec  126 , 

power  to  invest  the  said  income,  or  any  portion  thereof,  in 

the  bonds  of  the  United  States  and  of  this  state,  and  of  the 

several  counties,  townships,  boroughs  and  cities  of  the  same. 

126.  From  and  after  the  passage  of  this  act,  it  shall  not  ?2to'S?SlS5d 
be  lawful  for  the  trustees  of  the  school  fund  to  invest  any  RL^f' 
part  of  the  principal  or  interest  of  said  fund  in  bonds  secured  ^*p' 3 

by  mortgage  on   lands  in  this  state,  except  in  such  cases  as 
hereinafter  provided. 

127.  The  "trustees  for  the  support  of  public  schools"  be  ^jjjf^ ^n°df may 
and  they  are  hereby  authorized  and  empowered  to  bid  for 

and  purchase  any  lands  and  premises  exposed  to  sale  under 

the  order  and  decree  of  any  court,  for  the  payment  and  sat- 

isfaction  of  any  mortgage  encumbrance  thereon  held  by  the 

said  trustees,  and  to  take  and  hold  the  title  to  the  lands  and 

premises  so  purchased  in  and  by  their  official  name,  style 

and  title,  and  as  part  of  the  assets  of  the  school  fund  of  New 

Jersey  ;  provided,  that  said  trustees  shall  not  bid   a   higher  Proviso. 

price  for  such  lands  and  premises  than  shall  be  sufficient  to 

save  the  amount  due  upon  their  said  mortgage  encumbrance 

and  costs,  the  taxed  costs  attending  such  proceedings  and 

sale,  if  any,  to  be  paid  by  the  treasurer  of  this  state,  on  war- 

rant  of  the  comptroller,  out  of   the  income  of  the  school  £1>div-xi- 

fund. 

128.  All  real  estate  now  held  by  the  trustees  of  the  school 
fund  shall  be  sold,  either  at  private  or  public  sale,  at  such 
times  and  at  such  prices  as  will,  in  their  judgment,  be  for 
the  best  interests  of  the  state;    and  the  said  trustees   are 
hereby  authorized  to  loan  to  the  purchaser  of  said  property, 
or  other  properties  which  may  come  into  their  possession  by 
foreclosure,  one  half  the  amount  of  the  purchase  money,  the 
same  to  be  secured  by  bond  and  mortgage  on  the  premises 
so  purchased,  and  that  they  shall  be  empowered  to  advertise 
such    properties,  either  at    private  or    public   sale  in  such 
manner  as  to  them  seems  judicious;  and  the  proceeds  arising 


44 


SCHOOL  LAW. 


to  be 


[See  sic!  128] 


rears  six  months. 

ibid.  1  4. 


Proviso. 


chaLP  'DX'LI, 


sec.  124 


Rate  of  interest 

on  loan-  to 

pchL°i886trict' 
chap.  XLVJ  i 


Report  concern- 

ing  school  fund. 

p.  L.  1867, 
ciSxix,  g  as. 


from  such  sales  shall  be  paid  into  the  fund  and  be  invested 
by  the  trustees  as  provided  for  by  existing  laws. 

129-  In  case  the  trustees  of  the  school  fund  shall  further 
acquire  real  estate  under  foreclosure  proceedings,  that  the 
same  shall  be  disposed  of  at  public  or  private  sale,  in  the 
manner  provided  by  section  two  of  this  act,  and  the  pro- 
ceeds arising  from  such  sales  shall  be  invested  as  herein- 
before directed. 

130'  The  trustees  are  hereb7  Directed  and  required  to 
cause  foreclosure  proceedings  to  be  commenced  without 

i    i  •  1  1  *i         •  11  11 

delay,  in  all  cases  where  the  interest  on  bonds,  secured  by 
mortgage,  is  or  may  become  due  and  remain  unpaid  for  the 
space  of  six  months  ;  provided,  that  in  case  foreclosure  pro- 
ceedings shall  have  been  commenced,  the  said  trustees  may, 
in  their  discretion,  discontinue  the  same  upon  the  payment 
of  accrued  interest  and  the  cost  of  such  proceedings.* 

131-  Tiie  treasurer  of  this  state,  under  the  direction  of 
"  The  Trustees  for  the  Support  of  Public  Schools/'  is  author- 
ized to  invest  the  fund  for  the  support  of  public  schools  in 
this  state,  in  addition  to  the  securites  mentioned  in  section 
sixty-nine  of  this  act,  in  the  bonds  of  the  several  school 
districts  of  this  state,  and  in  the  bonds  of  any  city  or  muni- 
cipality of  this  state,  legally  issued,  for  the  purpose  of  build- 
ing school  houses,  either  by  authority  of  special  acts  of  the 
legislature,  or  by  the  consent  of  the  inhabitants  of  the  dis- 
trict, as  hereafter  herein  provided  for. 

\^  The  treasurer  of  this  state,  under  the  direction  of  the 
"  trustees  f()r  the  support  of  public  schools/7  is  authorized  to 
invest  the  fund  for  the  support  of  the  public  schools  of  this 
state  in  the  bonds  of  the  several  school  districts  legally  issued 
for  the  purpose  of  building  school  houses,  at  a  rate  of  inter- 
est not  less  than  five  per  centum  per  annum,  payable  half 
yearly. 

133.  The  treasurer  of  this  state  shall  annually  make  and 

_  r«  i  i  • 

furnish  to  the  board  of  trustees  for  the  support  of  public 
schools,  on  the  first  day  of  the  stated  annual  meeting  of  the 
legislature,  and  at  such  other  times  as  the  majority  of  the 

*  Money  belonging  to  the  state  is  not  liable  to  taxation.  Trustees  of  the  School  Fund 
v.  Trenton,  3  Stewart,  618-667. 


SCHOOL  LAW.  45 


said  trustees  shall  require  the  same,  a  particular  statement  of 
the  school  fund,  containing  an  account  of  the  securities 
belonging  to  said  fund,  with  the  dates  of  investment,  their 
value,  and  the  interest  arising  from  each  denomination  of 
securities,  together  with  an  account  of  the  moneys  in  the 
treasury  belonging  to  said  fund. 

134.  The    secretary  of  state  is  hereby    constituted    and  ibSTifl* 
appointed  secretary   of   the  said    board  of   trustees,  whose 

duty  it  shall  be  to  record,  in  a  book  to  be  kept  for  that  pur- 
pose, the  proceedings  of  the  said  board,  and  the  accounts  to 
be  furnished  by  the  treasurer  as  hereinbefore  directed. 

135.  It  shall  be  the  duty  of  the  trustees  of  the  school  fcKK^o  °f 
fund  of  this  state,  on  or  before  the  first  Monday  of  April  p°  L°iS878. 

of  every  year,  to  appropriate  out  of  the  annual  income  of  gi.ap 
the  fund  for  the  support  of  public  schools  the  sum  of  one 
hundred  thousand  dollars;  and  if  the  annual  income  of  said  JSJSS&r:0* 
fund  shall  not  have  been  received  in  full,  or  shall  be  insuffi- 
cient for  that  purpose,  then  the  said  trustees  are  hereby 
authorized  and  empowered  to  draw  for  any  sum  necessary 
to  make  up  the  deficiency,  by  warrant,  signed  by  the  comp- 
troller, upon  the  treasurer  of  the  state,  who  is  directed  to 
pay  the  same;  which  sum,  so  drawn  from  the  treasury 
aforesaid,  shall  be  replaced  from  the  annual  income  of  said 
school  fund  so  soon  as  the  same  shall  be  received. 

136.  The  trustees  of  the  school  fund  of  this  state  shall  Payment  of  aP- 

propnation  to 

have  authority  to  divide  the  aforesaid  sum  of  one  hundred  pch£°i86 
thousand  dollars    into    two    or  more    annual    installments,  £LXXIX  §75 
which  shall  be  paid  by  the  state    treasurer  to   the  several 
county  collectors  on  the  warrants  of  the  state  comptroller. 

137.  For  the  purpose  of  defraying  the  expenses  of  teachers' 
institutes  and  procuring  teachers  and  lecturers  for  said  insti- 
tutes  and  other  neceesary  expenses  of  the  same,  there  may  * l' 
be  paid  annually  to  the  state  superintendent  of  public  in- 
struction, out  of  the  income  of  the  school  fund,  upon  the 
warrant  of  the  comptroller  upon  itemized  accounts  rendered 

to  him  by  the  state  superintendent  of  public  instruction  of 
the  expenses  incurred,  a  sum  not  exceeding  one  hundred 
dollars  to  one  teachers'  institute  in  any  county;  and  where 
two  or  more  counties  join  in  holding  a  union  institute  there  Union  i 


SCHOOL  LAW. 


Approp'  iations 
from  income  of 
school  fund. 
P.  L. 1885 
Chap.  CLXIV, 


State  normal 

school. 

P.  L.  1893,  Chap. 

XLIX,?4. 

Repairs  to 
normal  school. 


Expenses  of 
state  superin- 
tendent. 

Expenses  of 
state  f  oard  of 
education. 
[See  sec.  7.] 
Salary  of  state 
superintend*,  nt. 


Teachers' 
institutes. 


School  libraries. 


Assistants  in 
state  superin- 
tendent's office. 
P.  L   1889, 
Chap   CXCIII. 

Farnum  school. 


Technical 
schools. 


Costs  of  fore- 
closure. 


School  fund 
expenses. 


may  be  paid  a  sum  not  exceeding  one  hundred  dollars  for 
each  county  joining  in  such  union  institute. 

138.  There  shall  be  annually  appropriated  from  the  in- 
come or  revenue  of  the  fund  for  the  support  of  public  free 
schools  of  this  state,  so  much  of  the  said  income  or  revenue 
as  shall  be  required  to  meet  the  following  named  disburse- 
ments, to  wit : 

I.  The  sum  of  twenty-eight  thousand  dollars  for  the  sup- 
port of  the  state  normal  school. 

II.  The  sum  required  to  be  paid  for  the  necessary  re- 
pairs to   the   grounds,  buildings  and  furniture  of  the  state 
normal  school,  and  for  keeping  the  said  buildings  and  furni- 
ture insured,  and  for  the  payment  of  the  necessary  incidental 
expenses  of  the  state  superintendent  of  public  instruction. 

III.  The  sum  required  to  pay  the  expenses  of  the  mem- 
bers of  the  state  board  of  education. 

IV.  The  sum  required  to  pay  the  salary  of  the  state  super- 
intendent of  public  instruction. 

V.  The  sum  required  to  defray  the  expenses  of  teachers' 
institutes. 

VI.  The  sum  required  to  pay  the  appropriations  for  free 
public  school  libraries. 

VII.  The   sum   required  to  pay   the  salary   of  the  as- 
sistants in  the  office  of  the  state  superintendent  of  public  in- 
struction. 

VIII.  The  sum  required  to  pay  the  appropriation  for  the 
support  of  the  Farnum  Preparatory  School  at  Beverly. 

IX.  The  sum  required  to  pay  the   amount  to  be  con- 
tributed by  the  state  to  any  technical  schools  now  estab- 
lished or  hereafter  to  be  established  in  this  state. 

X.  The  sum  required  to  pay   the  taxed   costs  attending 
foreclosure  proceedings  in  the  case  of  lands   or   premises 
bought  by  the  trustees  for  the  support  of  public  schools. 

XI.  The  sum  required  to  defray  such  legal  and  other  ex- 
penses as  may  be  incurred  by  or  under  the  direction   of  the 
trustees  for  the  support  of  public  schools  in  the  investment 
and  protection  of  the  school  fund,  and  in  the  collection  of 
the  income  thereof. 


SCHOOL  LAW.  47 


139.  The  comptroller  is  hereby  directed  to  draw  his  war-  ^ 
rants  upon  the  treasurer  of  the  school  fund   for   the  above-  lbid  §2 
mentioned  appropriations  and  expenditures  when  they  shall 
severally  become  due  and  payable,  and  the  said  treasurer  is 
directed  to  pay   the  same  out  of  any   moneys  now  in   his 
hands  or  which  may  come  to  his  hands  as  income  or  revenue 
from  the  investments  of  the  school  fund,  from  rentals  or  leases 

of  lands  under  water,  or  from  grants  of  lands  under  water; 
provided,  that  nothing  in  this  act  shall  be  construed  to  Principal  of 

,.  fund  not  to  be 

authorize  the  expenditure  of  any  portion  of  the  principal  of  expended. 

the  said  school  fund  ;  and  provided  further,  that  nothing  in  Annual  appro- 
priations to 
this  act  shall  be  so  construed  as  to  prevent,  hinder  or  in  any  schools 

way  interfere  with  the  payment  of  the  annual  appropriation 
of  one  hundred  thousand  dollars  toward  the  support  of 
public  schools  out  of  the  income  of  the  said  fund  as  now 
provided  by  law. 

140.  If  at  any  time  the  payments  hereby  authorized  to  be  pa 
made  from  the  income  of  the  school  fund  shall  become  due  Sid.JV** 
and  payable,  the  said  income  shall   not  have   been  collected 

to  a  sufficient  amount  to  meet  the  required  payments,  the 
necessary  sum  shall  be  drawn  from  the  state  treasury  upon 
the  warrant  of  the  comptroller. 


TAXATION. 

State  School  Tax. 

141.  For  the  purpose  of  maintaining  free  public  schools 
there  shall  be  assessed,  levied  and  collected  annually,  upon  fiJ^1894' 
the  taxable  real  and  personal  property  in  this  state,  as  exhib-  c  :cxxxv>!7. 
ited    by   the  latest  abstract    of  ra tables    from    the   several 
counties,  made  out  by  the  several    boards  of  assessors  and 
filed  in  th6  office  of  the  comptroller  of  the  treasury,  a  state 
school  tax  equal   to  five  dollars   for  each   child  in  this  state 
between  the  ages  of  five  and  eighteen  years,  as  exhibited  by 
the  next  preceding  school  census,  which  tax  shall  be  assessed, 


SCHOOL  LAW. 


Comptroller 
shall  apportion 
tax  among 
counties. 
P.  L.  1881. 
Chap.  CVI,§2 


Transmit  state- 
ment. 


[See  P.  L.  1866, 
Chap 

CCCCLXXX- 
VII.] 


Duties  of  as- 
sessors. 


Assessment  of 
state  school  tax 
when  said  tax 
has  not  been  as- 
sessed at  the 
regular  time. 
P.  L.  i8gi, 
Chap.  LXI.gr. 


Assessor  to  as- 
sess within  thiity 
days  after  re- 
ceiving notice 

ibid,  a  2. 


levied  and  collected  at  the  same  time  and  in  the  same  man- 
ner in  which  other  taxes  are  assessed,  levied  and  collected.* 

142.  It  shall  be  the  duty  of  the  comptroller  aforesaid  to 
apportion  the  said  tax  among  the  several  counties,  in  propor- 
tion to  the  amount  of  taxable  real  and  personal  estate  of  said 
counties  respectively,  as  shown  by  the  ratables  respectively 
as  aforesaid,  and  it  shall  be  his  further  duty  to  transmit,  on 
or  before  the  first  day  of  April  of  each  year,  to  the  county 
collector  of  each  county,  a  statement  of  the  amount  of  said 
tax   apportioned  to  and    payable  by  said  county,   and  said 
county  collector  shall  lay  said  statement  before  the  board*  of 
assessors  of  the  townships  and  wards  within  his  county  at 
their  next  annual   meeting,  to  apportion   the  taxes  among 
said  townships  and  wards,  and  said  assessors  shall  thereupon 
proceed  to  apportion  said  school  taxes  as  other  taxes  are  ap- 
portioned, and  to  assess  the  same  according  to  law. 

143.  Whenever  any  borough  or  other  taxing  district  in  this 
state  has  refused  or   neglected,  or  shall  hereafter  refuse  or 
neglect  to  elect  or  appoint  an  assessor  to  assess  and  levy,  or 
a  collector  to  collect  the  state  school  tax  or  other  tax  due  to 
the  state,  it  shall  be  the  duty  of  the  assessor  and  collector  of 
the  township  from  which  the  said  borough  or  taxing  district 
was  originally  carved  or  set  oft'  to  assess,  levy  and  collect  all 
taxes  due  from  such  borough  or  taxing  district,  whether  in 
arrears  or  otherwise,  in  the  manner  provided  in  the  act  to 
which  this  is  a  supplement,  to  wit,  said  supplement  of  April 
eleventh,  one  thousand  eight  hundred  and  sixty-six,  and  to 
pay  over  the  same  as  by  law  they  would  be  required  to  do  if 
they  had  assessed,  levied  and  collected  the  same  under  said 
act  of  April  eleventh,  one  thousand  eight  hundred  and  sixty- 
six. 

144.  It  shall  be  the  duty  of  such  township  assessor,  within 
thirty  days  after  written  notice  from  the  county  collector  of 
the  amount  of  taxes  due  and  unpaid  from  such  borough  or 
taxing  district,  to  assess  and  levy  upon  the  taxable  property 

*A  mandamus  will  be  allowed  to  compel  townships  to  pay  state  and  county  taxes  out  of 
first  tax  moneys  collected.  Veghte  v.  Township  of  Bernards,  13  Vr.  338. 

A  peremptory  mandamus  will  issue  for  the  payment  of  state  and  county  taxes  by  a  city 
where  it  has  collected  sufficient  moneys  to  pay  such  taxes.  Shields  v.  Paterson,  June 
Term,  1893. 


SCHOOL  LAW.  49 


of  such  borough  or  taxing  district  the  taxes  due  and  unpaid, 
and  in  giving  such  notice  the  county  collector  shall  state  the 
amount  of  taxes  due  or  in  arrears,  and  such  statement  and 
notice  shall  be  a  sufficient  warrant  to  the  assessor  in  assessing 
the  same. 

Compensation  of 

assessor. 

Ibid.  I  3- 


145.  The  said  assessor  upon  receiving  such  notice  shall  assessor. 


proceed  immediately  to  make  such  assessment,  and  as  soon 
as  the  same  is  completed  shall  turn  over  his  duplicate  to  the 
collector  of  said  township,  and  such  assessor  shall  be  entitled 
to  the  same  rate  of  compensation  for  assessing  such  taxes  as 
he  is  now  entitled  to  receive  under  the  said  act  of  April 
eleventh,  one  thousand  eight  hundred  and  sixty-six,  or  any 
act  which  amends  or  changes  the  provisions  thereof. 

146.  The  collector  of  said  township  shall,  within  two  £f 
days  after  receiving  the  said  duplicate,  notify  the  commis-  II 
sioners  of  appeal  of  such  township  that  the  duplicate  has 
been  delivered  to  him,  whereupon  it  shall  be  the  duty  of 
said  commissioners  of  appeal,  within  ten  days  and  upon  giv- 
ing not  less  than  five  days'  notice  of  a  time  and  place  to  be 
by  them  appointed,  to  hear  all  complaints  relating  to  such 
assessment,  and  to  correct  and  amend  such  assessment  as 
fully  and  effectually  as  they  are  now  empowered  to  correct 
assessments  by  said  act  of  April  eleventh,  one  thousand  eight 
hundred  and  sixty-six,  or  any  act  which  amends  or  changes 
the  provisions  thereof;  and  such  commisvsioners  of  appeal 
shall  be  entitled  to  the  same  compensation  for  such  service 
as  they  are  now  entitled  to  receive  under  said  act  of  April 
eleventh,  one  thousand  eight  hundred  and  sixty-six,  or  any 
act  which  amends  or  changes  said  act. 

147.  It  shall  be  the  duty  of  the  collector  of  such   town-  collector  to  coi- 

i  .  i         .    i   .  i  n  .  -i    'ect  said  tax 

ship  to  proceed  within  two  days  after  the  meeting  of  said  ibid.  §5 
commissioners  of  appeal   to  collect  the  taxes  assessed   and 
levied  by  the  assessor  under  this  act;  and   in  making  such 
collections  the  eaid   collector  is   hereby  vested  with  all  the 
powers  conferred  upon  him  for  that  purpose   by  any  act  of 
the  legislature ;  and  such  collector  shall  be  entitled   to  the  compensation. 
same  rate  of  compensation  for  collecting  such  taxes  as  he  is 
now  entitled  to  receive  under  any  act  of  the  legislature. 


50  SCHOOL  LAW. 


County  collector       I4g.  It  shall  be  the  duty  of  the  county  collector  of  any 

to  pay  to  state  *  J 

iblcTgT'  county  in  which  is  located  a  borough  or  taxing  district,  such 

as  is  described  in  the  first  section  of  this  act,  to  pay  over  to 

[See  sec.  143.1  the  state  treasurer  out  of  any  moneys  that  maybe  in  his 
hands  belonging  to  the  county  and  unappropriated,  the 
amount  of  taxes  due  the  state  from  said  county,  whether  the 
full  amount  of  the  tax  has  been  collected  or  not. 

Freeholders  to          149.  The  board  of  chosen  freeholders  of  the  county  shall 

borrow  in  ad-  » 

vanceoffuch       nave  power  to  borrow  the  amount  of  any  such  taxes  due  the 

collection.  » 

state,  in  anticipation  of  the  collection  of  said  taxes,  upon 
such  terms  as  they  may  deem  proper,  and  issue  proper  obli- 
gations therefor  signed  and  executed  as  bonds  of  said  county 
are  signed  and  executed,  and  pay  said  taxes  to  the  state 
immediately. 

Duties  of  coumy       150.  It  shall  be  the  duty  of  the  county  collectors  of  the 
p  L  1871,    .     several  counties  of  this  state  to  pay  to  the  treasurer  of  this 

Chap  DXXVII, 

§3-  state  the  quotas  due  from  their  respective  counties  of  the 

taxes  imposed  by  this  act,  on  or  before  the  first  day  of  Jan- 
uary, annually,  next  ensuing  the  assessment  thereof. 

collectors  in  \§\.  Hereafter  it  shall  be  lawful  for  the  collector  of  any 

counties  of  third  » 

*own  or  township,  school  district  or  districts  in  counties  of 


ay  pay 

SoreesSettTement  tne  third  9-ud  fourth  class,  with  the  advice  and  consent  of  the 
kctor?ounty  co1"  county  collector,  to  disburse  and  pay  out  for  the  salaries  of 
chip  l8Lxxix,  teachers  in  the  public  schools  any  money  received  and  col- 
lected by  him  for  state  school  tax,  pending  settlement  by 
him  with  the  county  collector  of  and  for  the  amount  due 
from  the  town  or  township  to  the  county  collector,  and  the 
amount  due  and  coming  through  the  hands,  of  the  county 
collector  to  the  school  district  or  districts  as  the  apportion- 
ment of  state  school  money,  other  than  the  state  appropria- 
Proviso.  tion  ;  provided,  that  the  amount  of  such  disbursement  shall 

not  exceed  seventy-five  per  centum  of  the  amount  of  said 
apportionment  of  state  school  money  ;  and  all  such  payments 
so  made,  on  presentation  of  warrants  legally  and  regularly 
issued  by  the  board  of  school  trustees,  shall  be  considered 
and  credited  as  partial  payments  of  the  state  school  tax  from 
the  town  or  township  to  the  county  collector,  and  the  war- 
rants so  paid  shall  be  placed  in  his  hands  and  retained  by 
said  county  collector  until  final  settlement  be  made  by  him 


SCHOOL  LAW.  51 


with  said  township  collector  for  the  state  school  tax  and 
state  school  apportionment  for  that  current  year,  when  the 
said  warrants  shall  be  returned,  as  part  payment  to  the 
amount  of  their  face  value,  of  the  apportionment  of  state 
school  money  due  the  town,  township  or  school  district  or 
districts. 

152.  Ten  per  centum  of  the  full  amount  of  money  annu- 
ally  raised  by  virtue  of  the  seventy-seventh  section  of  this 
act  shall  be  known  as  a  reserve  fund,  and  shall  be  appor- 

tioned  among  the  several  counties  of  this  state,  by  the  state  chap  cvi,  § 

board  of  education,  equitably  and  justly,  according  to  their 

own  discretion,  on  or  before  the  fifteenth  day  of  April  sub- 

sequently to  the  aforesaid  apportionment  by  the  comptroller 

of  the  treasury  ;  and  it  shall  be  the  duty  of  the  state  super-  sute  superin- 

.  .  i       »  i  11          tendent  to  draw 

inteudent  or  public  instruction,  on  or  betore  the  tenth  day  orders. 
of  January  next  ensuing  said  apportionment,  to  draw  orders 
on  the  comptroller  of  the  treasury,  and  in  favor  of  the 
county  collectors,  for  the  payment  of  ninety  per  centum  of 
the  amount  of  school  tax  paid  by  the  counties  respectively; 
and  the  said  county  collectors  shall  apply  for  and  be  entitled 
to  receive  the  amount  of  said  orders  as  soon  as  the  same  are 
received  ;  and  the  said  superintendent  shall  also  draw  his 
orders  in  favor  of  the  respective  county  collectors,  for  such 
portion  of  the  reserve  fund  as  shall  have  been  apportioned 
to  the  counties  respectively,  as  aforesaid,  which  orders  shall 
be  payable  when  the  said  reserve  fund  has  been  paid  by  the 
several  counties  ;  provided,  that  no  portion  of  said  moneys  Proviso. 
shall  be  used  for  the  support  of  sectarian  schools. 

153.  It  shall  be  the  duty  of  the  county  superintendent  of  co 
each  county,  on  or  before  the  fifteenth  day  of  May,  to  ap- 


portion  annually  to  the  districts  of  his  county  the  state  v  L.  1894 
school  moneys,  together  with  the  interest  of  the  surplus  Gocxxxvi, 
revenue  belonging  to  said  county,  in  the  following  manner  : 
I.  He  shall  apportion  to  each  district  a  sum  equal  to  two 
hundred  dollars  for  each  teacher  employed  in  the  public 
schools  in  each  district  for  the  full  time  for  which  the  schools 
in  such  districts  were  maintained  during  the  year  next  pre- 
ceding such  apportionment; 


52 


SCHOOL  LAW. 


State  superin- 
tendent to  give 
orders  in  favor  of 
county  collector. 
P.  L.  1867, 
Chap. 
CLXXIX,g74. 


County  super- 
intendents to 
give  orders  in 
favor  of  town- 
ship collectors. 
P.  L. 1894, 
Chap. 

CCCXXXV, 
29- 


Township  col- 
lector to  hold 
moneys  intrust. 
Ibid   2  10. 


II.  He  shall  apportion  to  each  district  the  remainder  of 
the  school  moneys  belonging  to  his  county  on  the  basis  of 
the  last  published  school  census. 

154.  The  state  comptroller,  annually,  after  having  re- 
ceived from  the  state  superintendent  of  public  instruction  a 
statement  of  the  apporlionment  of  the  state's  appropriation 
among  the  several  counties,  shall  draw  his  warrant  on  the 
state  treasurer  in  favor  of  the  county  collector  of  any  county 
for  the  portions  to  which  said  county  is  entitled,  whenever 
such  county  collector  shall  present  an  order  for  the  same 
drawn  by  the  state  superintendent  of  public  instruction  in 
favor  of  such  county. 

155  The  county  collector  of  each  county  shall  receive  and 
hold  in  trust  that  part  of  the  state  appropriation  belonging 
to  his  county,  and  shall  pay  out  the  same  to  the  collectors  of 
the  several  townships  and  boroughs,  and  to  the  city  treas- 
urers of  his  county,  only  on  the  orders  of  the  county  super- 
intendent.* 

156.  It  shall  be  the  duty  of  the  township  collector  to 
receive  and  hold  in  trust  all  school  moneys  belonging  to  the 
township  whether  received  from  the  state  appropriation, 

*  (i)  A  county  collector  is  not  required  or  permitted  to  exercise  any  discretion  as  to  how 
much  of  the  state  appropriation  the  several  township  collectors  in  the  county  are  entitled 
to  receive  from  him.  The  question  as  between  these  officers  is  settled  conclusively  by  the 
order  of  the  county  superintendent  of  public  schools.  (2)  The  notion  that  a  county  col- 
lector can,  in  any  case,  lawfully  reduce  the  amount  by  setting  up  some  counter-claim, 
whether  in  his  own  behalf  or  in  behalf  of  his  county,  and  whether  against  the  township 
collector,  personally,  or  against  his  township,  is  neither  justified  by  the  language  nor  con- 
sistent with  the  policy  of  our  school  laws.  State,  Herder,  dfc.,  \.  Collector,' &*c.,  ^ 
Vr  363. 

(i .  The  county  collector  of  each  county  shall  receive  and  hold  in  trust  the  state  appro- 
priation for  public  schools  belonging  to  his  county,  and  pay  the  same  to  the  collectors  of 
the  several  townships  and  to  the  city  treasurers  of  the  cities  of  his  county  only  on  the 
orders  of  the  county  superintendent,  and  is  responsible  for  these  moneys  if  otherwise 
expended.  (2)  School  taxes  are  to  be  levied  and  applied  for  the  fiscal  year  beginning 
September  ist,  succeeding  the  assessment,  and  not  for  ihe  preceding  year.  (3)  A  man- 
damus will  be  allowed  for  the  payment  of  the  county  superintendent's  order  for  the  state 
appropriation  for  public  schools,  where  the  moneys  have  been  applied  for  school  purposes 
in  the  preceding  year,  beginning  January  i-st.  State  ex  rel.  Board  of  Education,  &*c., 
v.  Sheridan,  &"c.,  13  Vr  64 

A  mandamus  will  be  granted  against  a  county  collector  in  favor  of  a  township  collector 
or  city  treasurer  to  compel  the  payment  of  school  moneys,  although  the  township  collector 
or  city  treasurer  may  owe  the  county  collector  money  for  state  or  county  taxes.  Board  oj 
Education  v.  Sheridan,  16  Vr.  276. 

The  common  council  has  no  control  over  school  funds,  and  a  resolution  directing  the 
treasurer  to  retain  a  portion  of  the  school  fund  and  apply  it  to  the  payment  of  certain 
special  assessments  against  school  property,  is  a  nullity.  Board  of  Education  v.  Town 
of  Union,  23  Vr.  69. 


SCHOOL  LAW.  53 


from  district  tax  or  from  other  sources,  and  to  pay  out  the 
same  only  on  the  orders  of  the  district  clerks,  each  of  which 
orders  shall  specify  the  object  for  which  it  is  given,  and 
shall  be  signed  by  the  president  of  the  board  of  education 
and  by  the  district  clerk,  and  shall  be  made  payable  to -the 
order  of  and  be  endorsed  by  the  person  entitled  to  receive  ir, 
and  he  shall  pay  over  any  balance  of  school  funds  remain- 
ing in  his  hands  to  his  successor  in  office,  and  he  shall,  in 
the  book  provided  for  that  purpose  by  the  state  superinten- 

•11-1  To  keep  ac- 

cent, keep  a  record  of   the  sums   received   and   paid  out  by  counts  of  sch(0i 

him,  and  he  shall  present  his  accounts  to  be  examined  and 

settled  by  the  township  committee  at  the  close  of  the  school  Report  to  county 

1  superintendent 

year,  a  copy  of  which  settlement,  certified  by  the  committee,  J"^^t"ehip 
showing  the  amounts  received,  the  amounts  expended  by 
him  for  school  purposes  during  the  year,  and  the  balance 
remaining  in  his  hands;  he  shall  transmit  within  ten  days  to 
the  county  superintendent  and  shall  file  another  copy  of  the 
same  with  the  district  clerk;  he  shall  also  exhibit  to  the 
county  superintendent,  when  requested  so  to  do,  his  book  of 
accounts  and  the  vouchers  in  his  hands,  and  as  compensation  c 
for  such  service  he  shall  be  entitled  to  one  and  one-half  per 
centum  on  all  school  funds  paid  out  by  him  on  the  orders 
signed  by  the  president  and  district  clerk  of  the  board  of 
education,  which  compensation  shall  be  paid  by  the  town- 
ship committee  from  the  funds  of  the  township  ;  provided,  Proviso. 
that  when  the  term  of  office  of  any  township  collector  shall 
expire  before  the  close  of  the  school  year,  such  township 
collector  shall  remain  and  continue  to  be  the  custodian  of 
the  school  moneys  and  shall  pay  the  orders  legally  i.-sued  as 
aforesaid  until  the  close  of  the  school  year,  and  his  bonds- 
men shall  remain  and  be  legally  bound  for  the  faithful  per- 
formance of  his  duties  until  the  final  settlement  of  his 
accounts;  and  provided  further,  that  where  there  is  a  borough  Proviso. 
situated  in  a  township,  and  said  borough  is  a  separate  and 
distinct  school  district,  the  borough  collector  shall  be  the 
legal  custodian  of  the  school  moneys  belonging  to  the  bor- 
ough, and  shall  perform  the  same  duties  and  be  entitled  to 
the  same  compensation,  to  be  paid  from  borough  funds;  but 
if  such  borough  collector  is  paid  a  stated  salary  by  the 


54 


SCHOOL  LAW. 


School  orders  to 
bear  interest 
when  collector 
has  no  funds  to 
honor  same. 
P    L.  i8qo. 
Chap.  CXII.gi. 


Sinking  funds 
for  schools 
P.  L.  1882. 
Chap   CXLIX, 
Ix. 


Trustees  to  pay 
and  deliver 
moneys  and 
securities  to 
collector  or 
other  financial 
officer. 
Ibid.  3  2. 


borough  for  the  performance  of  his  duties  as  borough  collec- 
tor, then  and  in  that  case  he  shall  not  be  paid  any  additional 
compensation  for  paying  out  the  school  moneys  belonging  to 
the  borough.* 

157.  Whenever  any  order  for  payment  of  teachers'  sala- 
ries or  the   incidental  expenses  of  public  schools  shall  be 
drawn  by  any  board  of  trustees  on  any  township  collector  or 
other  disbursing  officer,  which  order  there  shall  be  no  funds 
in  the  hands  of  such  collector  or  other  disbursing  officer  to 
meet,  that  then  and  in  every  such  case  such  order  shall  bear 
legal  interest  until  such  time  as  said  collector  or  other  dis- 
bursing officer  shall  be  prepared  to  honor  the  same,  of  which 
readiness  he  shall  give  public  notice,  whereupon  said    in- 
terest shall  cease. 

158.  The  officer  in  every  township  whose  duty  it  now  is 
by  law  to  receive  and  hold  in  trust  the  school  moneys  of  the 
several  school  districts  in  such  township  (whether  such  officer 
be  called  collector  of  taxes,  receiver  of  taxes,  township  treas- 
urer, or  by  any  other  name),  shall  collect,  receive  and  hold 
in  trust  and   be  accountable  for  all   securities,  funds  and 
moneys  of  any  school  district  in  such  township,  which  belong 
to  any  sinking  fund  or  interest  account,  or  to  a  fund  pro- 
vided for  the  redemption  of  any  bonds  or  the  payment  of 
any  debt  of  such  district;  and  all  payments  and  disburse- 
ments of  money,  whether  for  interest,  for  discharge  of  prin- 
cipal debt,  or  for  investment,  shall  be  made  by  and  through 
such  township  financial  officer,  on  school  orders  duly  signed 
by  the  district  trustees. 

159.  It  shall  be  the  duty  of  the  school  trustees  of  any 
school  district    in   this  state,  within  thirty  days  after  the 
passage  of  this  act,  to  pay  over  and  deliver  to  the  township 
col  lector,  receiver  of  taxes  or  other  financial  officer  as  afore- 
said, of  the   township  in  which  such  district  is  situate,  all 

*1.  A  mandamus  will  be  granted  to  compel  a  township  collector  to  pay  the  balance  of 
school  moneys  to  his  successor.     Meinzer  v.  Disbroiv,  13  Vr.  141. 

2.  An  order  of  the  district  clerk,  which  specifies  the  object  for  which  it  was  given  with- 
out any  designation  of  the  yearly  taxes  out  of  which  it  shall  be  payable,  is  a  sufficient 
voucher  for  the  township  collector.     Zimmerman  v.  Mathe,  20  Vr.  45. 

3.  The  township  collector  paying  out  school  moneys  on  statutory  orders  is  not  responsi- 
ble for  the  application  the  school  trustees  have  made  of  the    money.     Zimmerman  v. 
Mathe,  20  Vr.  45. 


SCHOOL  LAW.  55 


moneys  and  securities  in  their  hands  belonging  or  relating 
to  any  funded  indebtedness  of  such  district. 

160.  The  bonds  or  other  securities  given  and  to  be  given  J^JjJ?  °[cc61' 
for  the  faithful  performance  of  duty  by  any  such  township  Ibid  -§  3 
collector,  receiver  of  taxes  or  other  financial  officer  of  any 
township,  into  whose  hands  shall  corne  the  money  and  securi- 

ties of  any  school  district,  shall  be  liable  for  and  held  to  em- 
brace the  faithful  performance  of  duty  raised  by  this  or  any 
other  act  relating  to  the  care  of  school  funds  and  securities 
by  such  financial  officer. 

161.  On  or  before  the  fifteenth  day  of  September  in  each 
year,  it  shall  be  the  duty  of  all  township  collectors,  city  treas- 


,.  ,  p  L.  1891. 

urers  and  other  persons  who  may  be  the  custodians  or  mon-  Chap.  CLXV, 

eys  belonging  to  the  several  school  districts  in  this  state,  to    , 

pay  to  the  county  collectors  of  their  respective  counties  all 

balances  derived  from  moneys  apportioned  to  said  districts  by 

the  county  superintendents  which  may  then  be  in  their  hands 

to  the  credit  of  said  districts,  and  to  report  forthwith  to  the 

county   superintendents    of    their    respective   counties    the 

amount  thus  paid  over  ;  and  it  shall  be  the  duty  of  eacli  county  £™n7rt.ct0olector 

collector,  on  or  before  the  first  day  of  October  in  each  year,  JeDndentSUperm~ 

to  report  to  the  county  superintendent  of  his  county  the 

amount  of  money  received   by  him   by  virtue  of  the  pro- 

visions of  this  act,  and  the  county  superintendent  shall  there-  J;°  ^2  toPre-in" 

upon  re  apportion  such  amount  among  all  the  school  districts  a™°stionbal" 

in  his  county,  except  as  hereinafter  provided,  and  the  sums 

thus  re-apportioned  shall   immediately  be  returned   to   the 

several  township  collectors,  city  treasurers,  and  other  persons 

entitled  to  the  custody  of  the  school  moneys,  on   the  orders 

of  the  county  superintendent,  and  shall  be  available  for  the 

then  current  school  year  ;  and  the  sum  thus  re-apportioned 

to  any  district  shall  be  in  addition  to  and   in  excess   of  the 

sum  apportioned  to  such  district  by  the  county  superintendent 

for  said  school  year  ;  provided,  that  the  county  superintendent  Proviso- 

may,  for  good  cause  shown,  allow  the  balance  due  any  school 

district  to  remain  in  the  hands  of  the  custodian  of  the  school 

funds  of  such  district  to  the  credit  of  such  district,  and  such 

balance  shall  thereafter  be  used  and  expended  by  the  trustees  Balance  used  for 

of  such  school  district  for  the   purpose  of  paying  teachers' 


56  SCHOOL  LAW. 


Proviso. 


salaries  and  fuel  bills,  or,  by  and  with  a  written  consent  of 
the  county  superintendent,  in  the  improvement  of  the  school 
house  and  grounds,  the  purchase  of  school  furniture  or  ap- 
paratus, or  for  any  other  purpose  connected  with  the  schools 
of  such  district;  and  provided  also,  that  in  case  the  county 
superintendent  shall  allow  any  district  to  retain  any  such  bal- 
ance, the  said  district  shall  not  be  included  in  any  such  re- 
apportionment  nor  entitled  to  any  of  the  proceeds  thereof. 
Board  of  educa-  162.  The  board  of  education,  or  other  body  having:  con- 

tion  to  have  con-  ,  J 

troiof  ail  school  trol  or  the  public  schools  in  townships  of  this  state  having  a 
chap1894'         population  by  the  census  of  the  United  States  taken  in  the 
CCLXXXV,      year  one  thousand  eight  hundred  and  ninety,  of  ten   thou- 
sand or  more,  or  which   may  have  such    population   by  any 
,    census  to  be  hereafter  taken,  shall  have  the  expenditure  of 
all  moneys   levied  and  raised,  or  appropriated    or  received 
from  the  state  or  any  other  source  by  any  such  townships 
for  the  support  and  maintenance  of  the  public  schools,  or 
for  the  erection  of  public  school  buildings,  and  it  shall  be 
the  duty  of  the  township  committee  from  time  to  time,  upon 
the  request  of  such  board  of  education,  to  set  apart  moneys 
so  received  by  them  or  lawfully  levied  by  taxation,  and  hold 
the  same  subject  to  the  order  or  warrant  of  such  board  of 
education  or  its  duly  authorized   officers  appointed  for  that 
purpose. 

foCbe°usTd01forn0  163.  It  shall  be  the  duty  of  the  township  committee  to 
anhdetoPbePk°eSpi  keep  a  separate  account  of  all  school  moneys  with  such 
board  of  education,  and  credit  such  board  in  each  year  with 
tne  whole  amount  from  time  to  time  during  the  year  as 
aforesaid  of  the  money  levied  and  ordered  to  be  raised  in 
each  year  by  taxation  for  public  schools;  such  moneys  to  be 
by  such  township  committee,  as  in  the  first  section  hereof  is 
provided,  appropriated  to  and  used  by  said  board  of  educa- 
tion for  school  purposes,  or  for  the  objects  for  which  the 
same  may  be  specially  raised  or  appropriated,  and  the  treas- 
urer or  receiver  of  taxes  or  other  financial  officer  of  the  town 
shall  receive,  and  shall  hold  such  school  moneys  when 
received,  from  whatever  source  the  same  shall  arise,  in  a 
separate  account  to  the  credit  of  such  board  of  education, 
and  such  funds  shall  not  be  used  by  the  said  township  com- 


SCHOOL  LAW.  57 


mittee  or  by  said  disbursing  officer  for  any  other  purpose  or 
in  any  other  manner  than  to  meet  the  drafts  or  warrants  of 
such  board  of  education  when  presented. 


DISTRICT  TAX. 

164.  In  addition  to  the  moneys  apportioned  to  it  by  the  ^j^^™,^ 
county  superintendent,  each  school  district  may  raise  by  tax  *^  l89», 
such  other  sums  of  money  as  it  may  need  for  school  pur-  cctxxxv, 
poses,  in  the  following  manner  :  The  legal  voters  of  such 
district  are  hereby  authorized  and  required,  at  the  meeting 
for  the  election  of  trustees,  to  determine  what  amount  of 
school  tax,  if  any,  shall  be  levied  upon  the  district,  and  ia 
the   notices   calling  said   meeting*    shall    be  inserted    the  Annual  meeting 

-,       .        ,  ,  |  1111  *or  ordering  tax. 

amount  or  money  desired  to  be  raised ;  and  the  legal  voters, 

so  met,  shall  have  power  by  a  consent  of  a  maioritv  of  those  Power  of  district 

meeting. 

present,  to  authorize  the  board  of  education  to  purchase 
land**  for  school  purposesf  to  build,  enlarge  or  repair  a 
school  house  or  school  houses,  to  borrow  money  therefor,  or 
to  sell  or  mortgage  a  school  house  or  school  houses,  and  to 
raise  by  taxation  for  these  purposes,  or  to  pay  a  debt  of  the 
district  incurred  for  such  purposes,  and  for  the  current  ex- 
penses of  the  school  or  schools,  such  sum  of  money  as  a  ma- 
jority of  the  legal  voters  so  assembled  shall  agree  to;  and  in 
case  any  money  shall  be  ordered  to  be  raised  by  taxation, 
the  district  clerk  shall  make  out  and  sign  a  certificate  there-  certificate  of 
of  J  under  oath  or  affirmation,  that  the  same  is  correct  and 

*  i.  When  an  assessment  is  ordered  by  the  inhabitants  of  a  school  district  called  for  that 
purpose,  to  sustain  the  assessment,  proof  must  be  clear  that  ten  days'  legal  notice  of  the 
time,  place  and  purposes  of  such  meeting  had  been  given.  State  v.  Van  Winkle,  i 
Dutcher  73. 

2.  A  notice  indicating  that  the  object  of  the  meeting  is  to  purchase  a  school  house,  will 
not  warrant  a  resolution  to  pay  for  a  house  already  built.  Lamb  v.  Hurff,  9  Vr.  310. 

**f  The  trustees  must  designate  the  place  where  the  lands  to  be  purchased  lie,  and  the 
notices  calling  the  district  meeting  must  contain  a  description  oi  the  lands  so  designated. 
The  district  meeting  cannot  authorize  the  purchase  of  land  not  described  in  the  notices. 
Zabriskie  v.  School  District  10,  Bergen  Co.,  23  Vr.  104. 

J  i.  The  sworn  certificate  of  the  clerk  to  the  assessor  must  specify  the  amount  to  be  raised 
for  each  purpose ;  that  the  notices  were  posted  in  "  at  least  seven  public  places  in  said 
district,"  and  all  other  tacts  necessary  to  show  that  the  law  has  been  complied  with 

The  affidavit  must  verify  all  the  material  facts  set  forth  in  the  certificate.  State  y. 
Hardcastle,  n  Dutcher  143,  3  Dutcher  551  ;  Winsor  v.  Donahay,  i  Vr.  404  ;  Banghart 


58 


SCHOOL  LAW. 


Assessment. 


Collection. 


Proviso. 


true,  and  deliver  the  same  to  the  assessor,  and  shall  send  a 
duplicate  of  said  certificate  to  the  county  superintendent, 
and  the  assessor  shall  assess  on  the  inhabitants  of  the  school 
district  and  their  estates,  and  the  taxable  property  therein, 
in  the  same  manner  as  township  taxes  are  assessed,  such  sum 
of  money  as  shall  have  been  ordered  to  be  raised  by  the  said 
meeting  in  the  manner  aforesaid ;  and  said  money  shall  be 
assessed,  levied  and  collected;  and  it  shall  be  the  duty  of 
the  collector  to  collect  and  hold  all  taxes  so  assessed,  and  he 
shall  pay  out  the  same  on  orders  signed  by  the  president 
and  district  clerk  of  the  board  of  education ;  provided, 
that  whenever  any  meeting  shall  be  held  as  aforesaid  at  the 
call  of  the  trustees,  as  provided  in  the  ninth  and  tenth 
division  of  the  thirty-ninth  section  of  this  act,  it  shall  not 
be  lawful  for  such  meeting  to  order  a  greater  sum  of  money 
raised  by  a  special  tax  than  shall  have  been  mentioned  and 
designated  in  the  notices  of  such  meeting  set  up  in  the 
manner  required  by  law.  * 

165.   In  all  cases  where  a  tax  shall  be  levied  in  any  city, 
borough,  town   or  township  of  this  state,  which   tax  ahall 
chap,  cii'gi.     include  any  moneys  to  be  raised  for  school   purposes,  the 

v.  Sullivan,  7  Vr.  89  ;  Trustees  v.  Padden,  15  Vr.  151 ;  Quaid  v.  Trustees,  &*c.,  20  Vr. 
607. 

2.  It  is  essential  to  the  validity  of  the  certificate  of  district  clerk,  that  it  set  foith  that  due 
notice  has 'been  given  of  the  amount  of  money  proposed  to  be  raised  at  the  district  meeting. 
Slack  v.  -Palmer,  10  Vr.  250. 

3.  The  certificate  to  the  assessor  must  show  how  the  money  ordered  to  be  raised  is  to  be 
apportioned,  and  that  the  apportionment  was  made  by  the  district  meeting.     Duryea  v. 
Greenleaf,  5  Vr.  441  ;  Banghart  v.  Sullivan,  7  Vr.  89  ;    Corrigan  v.  Duryea,  u  Vr.  226  ; 
Trustees  v.  Padden,  15  Vr.  151. 

4.  The  certificate  to  the  assessor  must  state  what  the  notice  given  of  the  meeting  was, 
and  when  and  where  the  notices  were  put  up.     Quaid  v.  Trustees,  20  Vr.  607. 

*  The  resolution  passed  at  the  district  meeting  must  direct  the  particular  purpose, 
which  must  be  one  of  the  purposes  in  the  act,  and  must  be  contained  in  the  notice.  If 
money  is  voted  for  more  than  one  purpose,  the  resolution  must  specity  the  amount  ap- 
portioned to  each.  Cochrane  v.  Garrabrant,  3  Vr.  444;  Banghart  v.  Sullivan,  7  Vr. 
89 ;  Corrigan  v.  Duryea,  n  Vr.  266. 

2.  A  resolution  to  raise  money  to  build  and  furnish  a  school-house  is  not  bad  because 
the  amount  to  be  used  for  building  and  the  amount  for  furnishing  are  not  separately  stated. 
Stackhouse  v.  School  Dist.  No.  43,  Sussex  Co.,  23  Vr.  291. 

3.  A  resolution  to  sell  an  old  school-house,  passed  at  the  same  meeting  that  it  was  re- 
solved to  raise  money  to  build  a  new  house,  is  illegal  if  the  notice  calling  the  meeting  does 
not  state  that  it  would  be  a  subject  for  consideration.     Stackhouse  v.  School  Dist.  No. 
43,  Sussex  Co.,  23  Vr.  291. 

4.  It  is   essential  that  the  purpose  for  which  the  tax  is  imposed  shall  be  particularly 
designated      "  For  incidentals  "  is  not  sufficient.     Schomp  v.  Cole,  22  Vr.  277. 

5.  School  taxes  must  be  assessed  upon  the  same  property,  and  in  the  same  manner  as 
all  other  taxes.     Roll  v.  Perrine,  5  Vr.  254. 


Special  school 
tax  to  be  a 
separate  item 
in  tax  levy. 


SCHOOL  LAW.  59 


:on  to 
assessors  and 


amount  of  tax  against  any  property,  either  real  or  personal, 
which  shall  be  intended  for  such  school  purposes,  shall  be 
entered  in  the  tax  levy  made  against  said  property  as  a  sepa- 
rate item;  and  all  tax  bills  which  shall  be  sent  out  or 
rendered  by  any  city,  borough,  town  or  township  of  this 
state  shall  state  the  amount  of  said  school  tax  in  a  separate 
item. 

166.  The  several  assessors  and  collectors  of  the  townships  £ 
and  wards  of  this  state  shall  be  entitled  to  receive  five  cents, 
and  no  more,  for  each   name  for  assesing,  levying  and  col- 
lecting district  school  taxes. 

167.  Nothing  in  the  act  entitled  "An  Act  to  establish  a 
system  of  public  instruction  "  (Revision),  approved  March  c 
twenty-seventh,  eighteen  hundred  and  seventy-four,  shall  be  chaP.cx5Li,§i. 
construed  to  require  the  township  collector  to  pay  over  to  the 

county  collector  any  school  moneys  received  by  him  from  rc 

>  J  J  *  J  [See  sec.  170  ] 

special  township  or  district  school  taxes  raised  under  the 
eighty-sixth  section  of  said  act. 

168.  At  each  annual  or  special  school  meeting  held  in  any  S'JSeoS^by8'" 
school  district  in  this  state,  the  legal  voters  thereof  shall  vote  PalLl  l889> 

by  ballot,  and  not  otherwise,  to  raise  money  for  any  school  Sxxiv,  §2. 
purposes  whatever. 

SCHOOL  BONDS. 

169.  It  shall   and   may  be  lawful  for  the   legal   voters,  Districts  may 

.  *   issue  bonds. 

either  at  the  annual  meeting  or  at  a  special  meeting  called  P.  L.  1894, 
for  that  purpose,  by  the  consent  of  a  majority  of  those  pres-  cccxxxv 
ent,  to  authorize  the  board  of  education,  for  the  purpose  of 
purchasing  land  for  school   purposes  or  for  the  purpose  of 
building  a  school   house  or  school  houses,  or   making  addi- 
tions, alterations,  repairs  or  improvements  in  or  upon  such 
school  house  or  school  houses  already  erected,  and  the  lands 
upon  which  the  same  are  located,  to  issue  bonds  of  the  dis- 
trict in  corporate  name  of  the  district  in  such  sums  and   in 
such  amounts,  and  payable  at  such  times  as  the  legal  voters 
so  met  may  direct,  with   interest  at  a  rate  not  exceeding  six  Rate  of  interest. 
per  centum  per  annum,  payable  half  yearly  ;   which   bonds 
shall  be  signed  by  the  president  of  the  board  of  education 


60 


SCHOOL  LAW. 


Bonds  a  iien  on 
districts 


Attorne 
to 'appro 
ceedings 


Assessment  for 
paying  bondsi 
Ibid.  3  20. 


ami  attested  by  the  district  clerk,  and  shall  bear  the  seal  of 
the  district,  and  said  bonds  shall  have  coupons  attached  for 
current  payment  of  interest,  which  coupons  shall  be  signed 
by  the  district  clerk  and  shall  be  numbered  to  correspond  to 
the  bond  to  which  they  are  attached  ;  and  any  bonds  so 
issued  shall  be  numbered  and  a  proper  registry  thereof  kept 
by  the  district  clerk  ;  and  such  bonds  may  be  sold  at  public 
or  private  sale  for  the  best  obtainable  price,  but  not  less  than 
par;  said  bonds  shall  be  a  lien  upon  the  real  and  personal 
estates  of  the  inhabitants  of  the  district,  as  well  as  the 
property  of  the  districts,  shall  be  liable  for  the  payment  of 
the  same ;  and  in  all  papers  and  proceedings  authorizing  the 
y  general  jsgue  of  bonds  shall  be  submitted  to  the  attorney  general  for 

ave  pro-  *     * 

his  approval  of  the  legality  of  the  same,  and  duplicate 
copies  of  such  papers  and  proceedings  shall  be  sent  to  the 
state  superintendent  of  public  instruction. 

170.  Whenever  any  district  shall  order  and  authorize  the 
issue  of  bonds  it  shall  be  the  duty  of  the  district  clerk,  each 
and  every  year,  to  issue  the  warrant  of  the  district,  signed 
by  the   president  of  the  board  of  education  and  attested  by 
the  district  clerk,  to  the  assessor  of  the  township,  directing 
him    to  assess   upon   the  inhabitants  of  said  township  and 
their  estates,  and   the  taxable  property   therein,  an   amount 
sufficient  to  pay  the  bond   or  bonds  maturing  in   such  year, 
together  with  the  interest  accruing  upon  the  whole  issue  of 
the  unpaid  bonds  of  such  district,  which  warrant  so  issued  as 
aforesaid  shall  be  duly  executed  by  him,  and  the  moneys  so 
assessed,  levied  and  collected  shall  be  held  by  the  township 
collector,  and  said  collector  shall,  upon  the  receipt  of  the 
orders  of  the  board  of  education,  signed   by   the   president 
and  attested  by  the  district  clerk  (which  orders  shall  state  at 
what  bank  the  said  principal  and  interest  is  payable),  deposit 
in  such  bank  the  sum  of  money  necessary  to  pay  the  princi- 
pal and  interest  as  they  become  due  and  payable. 

171.  Whenever  any  bonds  shall  have  been  legally  issued 
for  the   purpose  of  purchasing    land   and    building  school 
houses  by  any  school  district  in  this  state,  under  authority 
of  law,  or  any  renewal  or  renewals  thereof,  and  the  same 
shall  be  due  or  unpaid  or  outstanding,  and  whenever  it  may 


Renewal  of 
school  bonds. 
P.  L. 1886, 
Chap.  XV,  g  i. 


SCHOOL  LAW.  61 


be  desirable  for  the  interests  of  the  district  that  the  same  or 
any  part  thereof  should  be  renewed  by  the  execution  of  new 
bonds,  the  trustees  or  a  majority  of  them  of  such  district 
are  hereby  empowered  to  renew  such  outstanding  bonds  or 
any  part  thereof  by  the  issuing  of  new  bonds  for  that  pur- 
pose in  the  name  and  under  the  seal  of  said  district;  pro-  1>rGviso- 
vided,  such  renewal  issue  shall  be  authorized  by  said  district 
at  a  meeting  specially  called  to  vote  thereon,  and  such  bonds 
shall  be  in  the  general  form  and  manner  of  the  bonds  here- 
tofore issued,  signed  by  the  trustees  of  said  district  or  a 
majority  of  them,  and  attested  by  the  clerk  of  the  said  dis- 
trict, which  bonds  shall  be  made  payable  at  periods  of  time 
not  exceeding  fifteen  years  from  the  date  of  issuing  the  same, 
and  they  shall  bear  interest  at  a  rate  not  exceeding  six  per  Rate  of  interest. 
centum  per  annum  and  be  issued  in  such  sums  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, as  the  said  trustees  may  determine,  and  which  bonds 
shall  have  coupons  attached  for  current  payment  of  interest, 
which  coupons  shall  be  attested  by  the  clerk  of  the  district 
and  bear  its  seal  and  shall  be  numbered  to  correspond  with 
the  bond  to  which  they  shall  be  respectively  attached  ;  and 
any  bonds  so  issued  shall  be  numbered  and  a  proper  registry 
thereof  be  kept  by  the  said  clerk ;  and  such  bonds  may  be 
sold  at  public  or  private  sale  for  the  best  attainable  price, 
but  not  less  than  par,  and  the  money  so  realized  shall  be  at 
once  applied  to  the  taking  up  and  cancellation  of  such  out- 
standing bonds  ;  or  said  renewal  bonds  may  be  exchanged 
on  an  equal  basis  of  principal  and  interest  for  such  out- 
standing bonds ;  and  the  said  bonds  so  redeemed  shall  be 
forthwith  cancelled  by  the  said  trustees. 

172.  The   bonds  of  the  several  school   districts  of  this  Ss 
state,  BO  issued  to  renew  bonds  heretofore  or  hereafter  legally  Ibid-2 
issued    for  the  purpose   of  purchasing  land    and    building 
school   houses,  shall  be  a  lien  upon  the  real  and  personal 
estates  of  the  inhabitants  of  the  said  districts  as  well  as  the 
property   of  the  said   districts;    and  the   property    of  the 
inhabitants  as  well  as  the  property  of  the  districts  shall  be 
liable  for  the  payment  of  the  same;  providedj  that  in  all  Pioviso. 
cases  copies  of  all  resolutions,  papers  and  proceedings  author- 


62 


SCHOOL  LAW. 


Notice  to 
Assessor. 
Ibid,  g  3. 


Cancellation  cf 
old  bonds. 
Ibid.  §  4. 


School  fund 
may  be  invested 
in  new  bonds. 
Ibid.  2  e, 


Cities  may  boi 
row  money  to 
build  school- 
houses. 
P.  L.  1889, 
Chap. 
CCXXII,gi. 


izing  the  issuing  of  such  bonds  shall  be  submitted  to  the 
attorney-general  for  his  approval  of  the  legality  of  the 
same,  who  shall  receive  such  compensation  for  the  examina- 
tion thereof  as  shall  be  fixed  by  the  trustees  for  the  support 
of  public  schools,  which  sum  shall  be  paid  by  the  districts 
issuing  such  bonds. 

173.  Whenever  any  district  shall  order  and  authorize  the 
issue  of  bonds  for  the  purpose  aforesaid,  it  shall  be  the  duty 
of  the  district  clerk  of  such  district,  each  and  every  year 
next  before  any  such  bond  shall  mature,  to  issue  the  war- 
rant of  the  district,  signed  by  the  trustees  and  attested  by 
the  clerk  under  the  seal  of  the  district,  to  the  assessor  or 
assessors  of  the  township  or  townships  in  which  such  dis- 
trict is  situate,  directing   him   or   them   to  assess  upon  the 
inhabitants  of  said  school  district,  and  their  estates  and  the 
taxable  property  therein,  an   amount  sufficient  to  pay  the 
bond  or  bonds  of  the  district  then  next  maturing,  together 
with  the  interest  accruing  upon  the  whole  issue  of  the  un- 
paid  bonds  of  such  district,  which    warrant  so   issued    as 
aforesaid  shall  be  duly  executed  by  him  and  the  moneys  be 
assessed,  levied  and  collected ;  and  the  collector  shall   pay 
over,  on  the  written  order  of  the  district  clerk  of  said  dis- 
trict, all  money  so  collected  by  him. 

174.  On  the  taking  up  of  such  outstanding  bonds,  or  on 
the  payment  of  any  bonds  of  any  school  district,  now  issued 
or  hereafter  to   be  issued,  the  trustees  of  the  district  shall 
forthwith  stamp  and   mark  the  same  as  canceled  ;  and  when 
so  marked  and  canceled  they  shall  be  deposited  in  the  office 
of  the  state  superintendent  of  public  instruction. 

175.  The  treasurer  of  this  state,  under  the  direction  of  the 
trustees  for  the  support  of  public  schools,  is  authorized  to 
invest  the  funds  for  the  support  of  public  schools  in  this 
state  in  such  renewed  bonds  of  the  several  school  districts  of 
this  state,  or  to  exchange  therefor  other  bonds  of  the  same 
district. 

176.  The  board  of  education,  board  of  school  trustees,  or 
other  body  having  charge  and  control  of  the  public  schools 
in  any  school  district  in  this  state,  acting  under  a  special 
charter,  or  under  the  provisions  contained  in  the  charter  of 


SCHOOL  LAW.  63 


any  city,  town,  borough   or  other   municipality,  is  hereby 

authorized  and  empowered,  for  the  purpose  of  building  or 

enlarging  school   houses,  by  and  with   the  consent  of  the 

board   having  charge  and  control  of  the  finances  of  such 

municipality,  to  borrow  from  the  "  trustees  of  the  fund  for 

the  support  of  public  schools  "  such  sum  or  sums  of  money 

as  may  be  necessary  for  that  purpose;  that  the  money  thus 

borrowed  shall   be  secured  by  bonds  to  be  issued  in  the  cor-  secured  by 

porate  name  of  said  municipality  or  school  district,  to  be 

known  as  district  school    bonds,    which    bonds  shall  bear 

interest  at  the  rate  of  five  per  centum  per  annum,  payable 

annually,  and  the  said  bonds  shall  and  are  hereby  declared 

to  be  the  first  lien  upon  the  school  house  and  lot  on  which 

the  same  is  erected,  and  for  the  erection  or  repair  of  which 

they  shall  have  been  issued  ;  that  no  loan  authorized  by  this 

act  shall  be  less  than  five  hundred  dollars;  that  such  loan 

may  be  paid  at  such  times  and  in  such  amounts  as  the  board 

of  education,  board  of  school  trustees  or  other  body  borrow- 

ing money  under  the  provisions  of  this  act  may  direct  ;  pro- 

vided, that  the  first  payment  on  any  such  loan  shall  become  ment  of  bonds. 

due  and  payable  not  later  than  five  years  from  the  date  of 

said  loan,  and  that  the  last  payment  on  any  such  loan  shall 

be  made  not  later  than  ten  years  from  the  date  thereof. 

177.  If  any  charter  of  anv  incorporated  school  district,  charter  Hmita- 

tions  respecting 

city,  town,  borough  or  other  municipality  in  this  state  shall  J0daebtfd"*ss  not 
limit  the  amount  of  indebtedness  that  may  be  incurred,  or  JJ3SlifijI3[ed 
shall  limit  the  amount  of  tax  or  the  rate  of  taxation  in  any  Ibid-§2- 
incorporated  school  district,  city,  town,   borough   or  other 
municipality  or  by  its  terTns  prevent  the  carrying  out  of  the 
provisions  of  this  act,  the  same  shall   not   hereafter  be  held 
to  apply  to  the  raising  of  money  under  the.  provisions  of 
this  act,   and  the  powers    herein    conferred    shall  embrace 
every  school  district  in  the  state,  any  public,  local,  special 
or  other  law  to  the  contrary  notwithstanding. 

178.  The  treasurer  of  this  state,  under  the  direction  of  Bonds  may  be 

'  taken  by  state 


^ 

the  4<  trustees  for  the  support  of  public'  schools,"  is  hereby  ,? 
authorized  to  invest  the  fund  for  the  support  of  public 
schools  in  this  state  in  the  bonds  issued  by  virtue  of  this 
act;  provided,  always,  that  said  trustees,  before  giving  Proviso 


64 


SCHOOL  LAW, 


Proceedings  to 
be  approved  by 
attorney 
general. 
Ibid.  §4. 


Blanks  to  be 
prepared  by 
state  superin- 
tendent. 
Ibid.  I  5. 

Assessment  for 
payment  of 
bonds. 
Ibid.  8  6. 


School  bonds 
not  taxable. 
P.  L. 1893, 
Chap 
CCLXXII,  §i. 


Report  oi  in- 
debtedness to  be 
seat  to  state 
superintendent. 
Ibid,  a  2. 


such  direction,  shall  be  satisfied  that  the  lot  upon  which  the 
school  house  is  proposed  to  be  erected  or  repaired  is  free 
from  all  incumbrances,  and  that  the  eaid  bonds,  when  issued, 
will  become  the  first  lien  upon  said  lot  with  the  improve- 
ments thereon,  and  that  the  city,  town,  borough  or  munici- 
pality applying  for  the  loan  has  not  defaulted  in  the  pay- 
ment of  the  principal  or  interest  of  any  bonds  theretofore 
issued  within  two  years  from  the  date  of  the  application. 

179.  Copies  of  all  papers  and  proceedings  authorizing  the 
issuing  of  such  bonds  shall  be  submitted  to  the  attorney- 
general  for  his  approval  of  the  legality  of  the  same,  and 
that  duplicate  copies  of  such  papers  and  proceedings  shall 
be  filed  in  the  office  of  the  state  superintendent  of  public 
instruction. 

180.  The  state  superintendent  of  public  instruction  shall 
prepare  and  furnish  the  necessary  blanks  and  forms  for  all 
proceedings  under  this  act. 

181.  It  shall  be  the  duty  of  the  officers  or  board  charged 
with  the  raising,  levying  and  assessing  of  taxes  in  any  school 
district  or  municipality  issuing  bonds  under  the  provisions 
of  this  act  to  assess  upon  the  inhabitants  thereof  and  their 
estates  and  the  taxable  property  therein,  an  amount  suffi- 
cient to  pay  the  bond  or  bonds  of  the  district  maturing  in 
such    year,   together    with    the    interest  accruing  upon  the 
whole  issue  of  the  unpaid  bonds  of  such  district  or  munici- 
pality, and  the  tax  thus  ordered  shall  be  assessed,  levied  and 
collected  in  the  same  manner  as  other  taxes  for  school  pur- 
poses are  assessed,  levied  and  collected. 

182.  All  bonds,  securities,  improvement  certificates,  and 
other  evidence  of  indebtedness  heretofore  or  hereafter  issued 
by  this  state,  or  by  any  county  thereof,  or  by  any  city,  town, 
township,  borough,  school  district,  or  other  municipality  of 
this  state,  shall  be  exempt  from  taxation  for  any  purposes. 

183.  The  district  clerk,  or  other  persons  performing  the 
duties  of  a  district  clerk,  in  any  district  in  which  there  is 
any  interest-bearing  school  debt,  shall,  on  or  before  the  first 
day  of  September  in  each  year,  report  to  the  state  superin- 
tendent ot  public  instruction  the  amount  of  such  debt  then 
remaining  unpaid,  together  with  the  rate  of  interest,  the  date 


SCHOOL  LAW.  65 


or  dates  on  which  the  bonds,  notes  or  other  evidences  of  in- 
debtedness were  issued,  and  the  date  or  dates  on  which  they 
shall  fall  due. 


SURPLUS  REVENUE. 

184.  The  several  townships  in  this  state  are    authorized  Jj^JJ^jJ^ 
and  required  to  appropriate  the  interest  of  the  surplus  revenue  Jchoo£"ated  l° 
received  by  them,  and  from  other  funds  not  raised  by  tax,  ch«Jp'.x867' 
such  sums  for  the  support  of  the  public  schools  as  they  shall  c       1X«§77 
order  and  direct  at  their  annual  town  meetings,  in  addition 
to  the  amount  received  from  the  state  appropriation  and  the 
amount  which  they  raise  by  tax. 


SCHOOL  LIBRARIES. 

186.  The  treasurer  of  the  school  fund,  upon  the  order  of  Library  appro- 
priation. 

the  state  superintendent  of  education,  is  hereby  authorized  £j 
and  directed  to  pay  over  the  sum  of  twenty  dollars  out  of  |,T-L  l88? 
the  income  of  the  school  fund,  to  every  public  school  for  ^adivCvif 
which  there  shall  have  been  raised  by  subscription  or  enter- 
tainment a  like  sum  for  the  same  purpose,  to  establish  in 
such  school  a  school  library,  and  to  procure  philosophical 
and  chemical  apparatus;  and  the  further  sum  of  ten  dollars 
annually,  upon  a  like  order,  to  the  said  public  school,  upon 
condition  that  there  shall  have  been  raised  by  subscription 
or  entertainment  a  like  sum  for  such  year,  for  the  purposes 
aforesaid. 

186.  In  all  school  districts  where  there  are  more  than  one  Districts  having 

more  than  one 


school-house,  it  shall   be  lawful  to  receive  from   the  state 
treasury,  as  in  said  bill  directed,  the  sum  prescribed  to  be  lfr^ylBgi 
paid  to  each  school-house,  and  that  such  district  shall  have  chap-  c: 
power  to  consolidate  and  establish  a  library  in  one  place  in 
said  district  as  may  be  designated  by  the  board  of  education 
or  such  other  power  as  has  control  of  the  public  schools  in 
said  district. 

187.  The  selection  of  books  and  apparatus  shall  be  ap-  selection  of 
proved  by  the  school  trustees  of  such  district.  P.  L.  1871, 

*  Chap   DLVI, 

?»• 


66 


SCHOOL  LAW. 


Rules. 
Ibid,  2  a. 


Teachers' 
library,  appro- 
priation. 
P.  L.  1801, 
Chap.  XLIX, 


Rules 
Ibid.     2. 


Certain  books  to 
be  purchased  for 
school  libraries. 
P.  L.  1894. 
Chap  CLXX, 


188.  The  school  trustees  of  each  district  shall  make  proper 
rules  and  regulations  for  the  management,  use  and  safe  keep- 
ing of  such  libraries. 

189.  Whenever  in  any  county  in  this  state  there  shall 
hare  been  raised  by  subscription  a  sum  of  money  not  less 
than  one  hundred  dollars  for  the  establishment  of  a  library 
of  pedagogical  books  for  the  use  of  the  teachers  of  public 
schools  in  such   county,  the  treasurer  of.  the  school  fund, 
upon  the  order  of  the  state  superintendent  of  public  instruc- 
tion, is  hereby  authorized  and  directed  to  pay  the  sum  of 
one  hundred  dollars  out  of  the  income  of  the  school  fund  to 
the  county  superintendent  of  said  county ;  and  the  further 
sum  of  fifty  dollars  annually  thereafter,  upon  a  like  order 
upon  conditions  that  there  shall  have  been  raised  by  sub- 
scription a  like  sum  for  such  year  for  the  purpose  aforesaid. 

190.  The  county  superintendent,  and   three  teachers  of 
public  schools  in  such  county  appointed  by  him,  shall  consti- 
tute a  committee  for  the  selection  of  said  books  and  the  nec- 
essary apparatus,  and  the  making  of  rules  and  regulations 
for  the  management,  use  and  safe  keeping  of  such  libraries. 

191.  The   governor,  the  state  comptroller   and   the  state 
superintendent  of  public  instruction  be  and  they  are  hereby 
authorized,  upon  its  publication,  to  purchase  and  pay  for  out 
of  any  funds  not  otherwise  appropriated,  as  many  copies  of  a 
political  and  legislative   history   of  the  state  for  the  last 
twenty-five  years,  now  being  prepared  by  William  Edgar 
Sackett,  as  they  may  deem  proper  for  distribution  among 
the  public  school  libraries  of  this  state. 


ARBOR  DAY  AND  HISTORICAL  DAYS. 


State  superin- 
tendent to  issue 
circulars  of 
information,  etc. 
P.  L   ;884, 
Chap.  CIX,  §  i. 


192.  In  order  to  secure  the  cooperation  of  the  schools  in 
carrying  into  effect  the  provisions  of  the  joint  resolution 
relative  to  the  annual  Arbor  Day,  it  shall  be  the  duty  of  the 
state  superintendent  of  public  instruction  to  prepare  and 
issue  such  circulars  of  information  and  instruction  as  may 
be  necessary. 


SCHOOL  LAW.  67 


193.  On  said  annual  Arbor  Day  appropriate  exercises  shall  Exercise 
be  introduced  in  all  the  schools  of  the  state,  and  it  shall  be 

the  duty  of  the  several  county  and  city  superintendents  to 
prepare  a  programme  of  the  exercises  used  on  such  day  in 
all  the  schools  under  their  respective  jurisdiction. 

194.  In  all  public  schools  of  the  state  of  New  Jersey  the 
last  Friday  preceding  the  following  holidays,  viz  ,  Washing-  *p 
ton's  Birthday,  Decoration  or  Memorial  Day,  Fourth  of  July 
and  Thanksgiving  Day  shall  be  devoted  to  the  development  ^ l 
and  promotion  of  a  higher  spirit  of  patriotism  by  the  ob- 
serving of  proper  and  appropriate  exercises. 

195.  Such  exercises  shall  consist  of  reading  the  Declara-  Nature  of  ex- 
tion  of  Independence,  singing  national  and  other  patriotic  i 
songs,  of  select  readings,  declamations,  essays,  addresses  arid 

such  other  exercises  of  a  public,  non-sectarian  and  national 
character  as  the  principal  or  teacher  of  the  school  may  de- 
termine, or  the  school  trustees,  commissioners  or  city  super- 
intendent may  direct. 

196.  The  school  commissioners  of  the  several  counties, 

the  city  superintendents,  the  school  trustees  and  boards  of  Ibld '^3 
education  of  all  the  cities,  towns  and  townships  in  the  state 
of  New  Jersey  are  hereby  charged  with  the  duty  of  enforc- 
ing the  provisions  of  this  act,  and  are  authorized  and  directed  Penalty. 
to  cancel  and  revoke  the  certificate  of  license  of  any  principal 
or  teacher  who  refuses  or  neglects  to  provide  for  and  conduct 
exercises  as  prescribed  in  the  above  sections. 


PHYSIOLOGY  AND  HYGIENE. 

197.  The   nature   of  alcoholic  drinks  and  narcotics,  and  Nature  and 
special  instruction  as  to  their  effect  upon  the  human  system,  drink* and° 

.  .  •    i         i  i      i  •     •    •  f>      i  i  •  r>  narcotics  to  be 

in  connection  with  the  several  divisions  or   the  subject  or  taught. 
physiology  and  hygiene,  shall  be  included  in  the  branches  of  chap  LX'VII, 
study  taught  in  the  common  or  public  schools,  and  shall  be  ' 
studied  and  taught  as  thoroughly  and  in   the  same   manner 
as  other  like  required  branches,  with  adequate  tests  of  the 
efficiency  of  the  teaching  by  the  use  of  graded  text  books  in 
the  hands  of  pupils  where  other  branches  are  thus  studied, 
and  orally  only  in  the  case  of  pupils  unable  to  read,  and  by 


68  SCHOOL  LAW. 


all  pupils  in  all  grades  of  all  schools  supported  wholly  or  in 
part  by  public  money. 

nndt"§)20ks  198>  The  space  in  the  text  books  devoted  to  the  consid- 

eration of  the  nature  of  alcoholic  drinks  and  narcotics  and 
their  effects  upon  the  human  system  shall  be  sufficient  for  a 
full  and  adequate  treatment  of  the  subject. 

Signed tobe  199.  No  certificate  shall  be  granted  to  any  person  to 
teach  in  the  public  schools  of  New  Jersey  after  January  first 
next,  who  has  not  passed  a  satisfactory  examination  in  physi- 
ology and  hygiene,  with  special  reference  to  the  nature  of 
alcoholic  drinks  and  other  narcotics  and  their  effects  upon 
the  human  system. 

Trustees  to  200.  In  order  to  carry  into  effect  the   provisions  of  this 

adopt  text-  i      T*       «     "  11-1  «ii 

books.  supplement  each  district  snail,  in  the  manner  now  provided 

by  law,  on  or  before  the  first  day  of  July  next,  adopt  a 
graded  series  of  text  books  in  accordance  with  the  provisions 
of  this  supplement. 

state  superin-          201.  The  state  superintendent  of  public  instruction  shall, 

tendent  to  notify    .  TIP  i  p      i  •  • /»          1 1 

school  officers  of  immediately  after  the  passage  of  this  supplement,  notify  all 
ibfd.  1 5.  boards  of  education,  boards  of  school  trustees,  or  other  bodies 

having  charge  and  control  of  public  schools,  of  the  pro- 
visions of  this  supplement,  and  particularly  call  their  atten- 
tion to  their  duty  in  enforcing  the  same. 

^Puenrintendemsy        202.  It  shall  be  the  duty  of  all  city  and   county  superin- 
eiforcedat  bw  is  tendeiits  to  report  to  the  state  superintendent  of  public  in- 
struction whether  the  provisions  of  this  act  have  been  com- 
plied with,  as  specified  in   the  preceding  sections;  and  any 
refusal  thus  reported,  or  otherwise  satisfactorily  proven,  shall 

Penalty  for         be  deemed  sufficient  cause  for  withholding  the  state  appro- 
failure  to  carry  .     .  nil  p  l     T       •  T       •  •! 

law  rmo  effect,  priation  of  school  money  from  such  district  or  districts  until 
such  district  or  districts  have  fully  complied  with  the  pro- 
visions of  this  supplement. 

203.  This  act  shall  apply  to  all  schools  in  this  state  sup- 
Law  to  apply  to  f.J 

ibid'T?015  ported  wholly  or  in  part  by  money  received  from  the  state, 
whether  such  schools  are  governed  by  the  act  to  which  this 
is  a  supplement  or  by  any  special  law,  or  the  provisions  con- 
tained in  the  charter  of  any  city,  town,  borough  or  other 
municipality,  and  that  this  act  shall  take  effect  at  the  begin- 
ning of  the  next  school  year. 


SCHOOL  LAW.  69 


xss 

chap  > 


COMPULSORY   EDUCATION. 

204.  All  parents  and  those  who  have  the  care  of  children, 
shall  instruct  them  or  cause  them  to  be  instructed  in  spell- 

ing,   reading,    writing,   English   grammar,   geography    and  Jf^x'ssJ  yeai 

arithmetic,  and  every  parent,  guardian  or  other  person  hav- 

ing  control  and  charge  of  any  child  or  children  between  the 

ages  of  seven  and  twelve  years,  shall   be  required  to  send 

any  such  child  or  children  to  public  day  school  for  a  period 

of  at  least  twenty  weeks  in  each  year,  eight  weeks,  at  least, 

of  which  attendance  shall  be  consecutive,  unless  such   child 

or  children  are  excused  from  such  attendance  by  the  board 

of  the  school  district  in  which  such   parents  or  guardians 

reside,  upon   its  being  shown   to  their  satisfaction  that  the 

bodily  or   mental  condition  of  such  child  or  children   has 

been  such  as  to  prevent  his,  her  or  their  attendance  at  school, 

or  that  such  child  or  children  are  taught  in  a  private  school 

or  at  home  by  some  qualified   person  or   persons    in   such 

branches  as  are  usually  taught  in  primary  schools. 

205.  No   child   under  the  age  of  fifteen  years  shall    be 
employed  by  any  person,  company  or  corporation  to  labor 

in    any  business  whatever,    unless    such  child    shall    have      y^v^Jf 
attended  within  twelve  months  immediately  preceding  such  Jh"  preceding 
employment  some  public  day  or  night  school,  or  £ome  well  i5d."g2. 
recognized    private  school  ;  such  attendance  to  be  for  five 
days  or  evenings  every  week  during  a  period  of   at  least 
twelve  consecutive  weeks,  which   rnay  be  divided  into  two 
terms  of  six  consecutive  weeks  each,  so  far  as  tlie  arrange- 
ment of  school  terms  will  permit,  and  unless  such  child  or 
his  parents  or  guardians  shall  have  complied  with  the  pro- 
visions of  the  act  approved  March  fifth,  eighteen   hundred 
and    eighty-three,   limiting   the    employment  hours  of   the 
labor  of  children. 

206.  Every    parent,  guardian    or    other    person    having  V^rdi'anTto 
charge  or  control  of  any  child,  from  twelve  to  sixteen  years  lo^ 

of  age,  who  has  been  temporarily  discharged  from  employ-  ]1 
ment  in  any  business  in  order  to  be  afforded  an  opportunity 
to  receive  instruction  or  schooling,  shall  send  such  child  to 
some  public  or  private  day  school  for  the  period   for  which 


70  SCHOOL  LAW. 


such  child  shall  have  been  discharged,  unless  such  child  shall 
have  been  excused  from  such  attendance  by  the  inspectors  of 

[See  sec.  204. i  factories  and  workshops,  or  by  the  board  of  the  school  dis- 
trict, for  reasons  as  stated  in  section  one  hereof. 
m-  207.  In  case  any  parent,  guardian  or  other  person  shall 
"10"3  fail  to  comply  with  the  provisions  of  sections  one  and  three 
of  this  act,  such  parent,  guardian  or  other  person  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction, 
be  liable  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars  for  tach  subsequent  offense,  or  to  im- 
prisonment for  not  less  than  one  mouth  nor  more  than  three ; 
the  said  fines,  when  paid,  to  be  added  to  the  public  school 
money  of  said  school  district  in  which  the  offense  occurred.1 

oSy  persons.  208«  A11  children  between  the  ages  of  seven  and  fifteen 
years,  who  are  habitual  truants  from  school,  or  who,  while 
in  attendance  at  any  public  school,  are  incorrigible,  vicious 
or  immoral  in  conduct,  and  all  children  between  the  said 
ages  who  absent  themselves  habitually  from  school,  and 
habitually  wander  about  streets  and  public  places  during 
school  hours,  having  no  business  or  lawful  occupation,  shall 
be  deemed  juvenile  disorderly  persons,  and  subject  to  the 
provisions  of  this  act. 

Xida?6°fficers'  209.  ^n  ^ties  having  a  duly  organized  police  force,  it 
shall  be  the  duty  of  the  police  authority,  at  the  request  of  the 
inspectors  of  factories  and  workshops,  or  of  the  school 
authority,  to  detail  one  or  more  members  of  said  force  to 
assist  in  the  enforcement  of  this  act,  and  in  districts  having 
no  regular  police  force,  subject  to  this  act,  it  shall  be  the 
duty  of  the  board  of  education,  or  the  school  district  officers, 
to  designate  one  or  more  constables  of  said  city,  township  or 
village,  whose  duty  it  shall  be  to  assist  in  the  enforcement  of 
this  act,  as  occasion  may  require,  and  said  board  of  education 

Compensation,  shall  fix  and  determine  the  compensation  to  be  paid  said 
police  officer  or  constable  for  the  performance  of  his  duties 
under  this  act;  members  of  any  police  force,  or  any  con- 
stable designated  to  assist  in  the  enforcement  of  this  act,  as 
provided  in  this  section,  sha'l  be  known  as  truant  officers; 

Pioviso.  provided,  that  in   districts   where  no  constable   resides   the 


SCHOOL  LAW.  71 


said  board  shall  have  power  to  appoint  some  other  suitable 
person  as  truant  officer. 

210.  It  shall  be  the  duty  of  any  such  truant  officer  or  offi-  Suan? officers. 
cers  detailed  to  enforce  the  provisions  of  this  act,  to  examine  lbld-§7 
into  all  cases  of  truancy,  when  requested  so  to  do  by  the  in- 
spectors of  factories  and  workshops,  or  by  the  district  school 
board,  and    to   warn   such   truants,  their   parents  or  guar- 
dians, in   writing,  of  the  final  consequences  of  truancy,  if 
persisted  in,   and   also  to   notify  the   parents,  guardian  or  Notify  parents 

or  guardians. 

other  person  having  the  legal  charge  and  control  of  any 
juvenile  disorderly  person,  that  the  said  person  is  not  at- 
tending any  school,  and  to  require  said  parent,  guardian  or 
' other  person  to  cause  the  said  child  to  attend  some  recog- 
nized school  within  five  days  from  said  notice;  and  it  shall 
be  the  duty  of  said  parent,  guardian  or  other  person  having 
the  legal  charge  and  control  of  said  child,  to  cause  the  attend- 
ance of  said  child  at  some  recognized  school ;  if  said  parent, 
guardian  or  other  person  having  the  legal  charge  and 
control  of  said  child  shall  wilfully  refuse,  fail  or  neglect  to 
cause  said  child  to  attend  some  recognized  school,  it  shall  be 
the  duty  of  said  officer  to  make,  or  cause  to  be  made,  a  com- 
plaint against  said  parent,  guardian  or  other  person  having 
the  legal  charge  and  control  of  said  child,  in  any  court  of 
competent  jurisdiction  in  the  school  district  in  which  the 
offense  occurred,  for  such  refusal  or  neglect,  and  upon  con- 
viction thereof  said  parent,  guardian  or  other  person,  as  the 
case  may  be,  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars;  or  the  court  may, 
in  its  discretion,  require  the  person  so  convicted  to  give  a 
bond  in  the  penal  sum  of  one  hundred  dollars,  with  one  or 
more  sureties,  to  be  approved  by  said  court,  conditioned  that 
said  person  so  convicted  shall  cause  the  child  or  children 
under  his  or  her  legal  charge  or  control  to  attend  some  recog- 
nized school  within  five  days  thereafter,  and  to  remain  at 
said  school  during  the  term  prescribed  by  law;  provided,  Ifparentis 
that  if  said  parent,  guardian  or  other  person  in  charge  of  Uefcheiid0to0 
said  child  shall  prove  inability  to  cause  said  child  to  attend  ^ chsnd°may 
said  recognized  school,  then  said  parent,  guardian  or  other 
person  shall  be  discharged,  and  said  court  shall,  upon  com- 


72 


SCHOOL  LAW. 


Proviso 


Proviso. 


Proviso. 


Proceedings  to 
be  instituted 
against  persons 
or  corporations 
violating  this 
act. 

ibid,  a  s. 


Proviso. 


Schools  other 
than  public 
schools  to  be 
approved  by  an 
inspector. 
Ibid,  g  9. 


plaint  of  said  truant  officer  or  other  person,  that  said  child 
is  a  juvenile  disorderly  person  within  the  meaning  of  this 
act,  then  said  court  shall  thereupon  sentence  said  child  to  a 
juvenile  reformatory  until  such  child  shall  arrive  at  the  age 
of  sixteen  years,  unless  sooner  discharged  by  the  board  of 
control  of  said  juvenile  reformatory;  provided,  however,  that 
such  sentence  may  be  suspended,  in  the  discretion  of  said 
court,  for  such  time  as  the  child  shall  regularly  attend  school 
and  properly  deport  himself  or  herself;  it  is  further  provided, 
that  if,  for  any  cause,  the  parent  or  guardian  or  other  person 
having  charge  of  any  juvenile  disorderly  person,  as  defined 
in  this  act,  shall  fail  to  cause  such  juvenile  disorderly  person 
to  attend  said  recognized  school,  then  complaint  against  such 
juvenile  disorderly  person  may  be  made,  heard,  tried  and 
determined  in  the  same  manner  as  is  provided  for  in  case  the 
parent  pleads  inability  to  cause  said  juvenile  disorderly  per- 
son to  attend  said  recognized  school ;  and  it  is  further  pro- 
vided, that  no  child  under  the  age  of  nine  years  shall  be 
sent  to  a  juvenile  reformatory  under  the  provisions  of  this 
act. 

211.  It  shall  be  the  duty  of  the  officers  empowered,  de- 
tailed or  appointed  under  the  provisions  of  this  act  to  assist 
in  the  enforcement  thereof,  to  institute  or  cause  to  be  insti- 
tuted, proceedings  against   any   parent,   guardian  or  other 
person  having  legal  charge  and  control  of  any  child,  or  any 
person,  company  or  corporation  violating  any  of  the  provi- 
sions of  the  sections  of  this  act ;  provided,  this  law  shall  not 
be  operative  in  those  school  districts  of  the  state  where  there 
are  not  sufficient  accommodations  to  seat  thechildren  compelled 
to  attend  school  under  the  provisions  of  this  act ;  and  that  no 
prosecution  shall  be  instituted  against  any  parent,  guardian 
or  child  unless  they  have  received  due  notification  from  an 
officer  empowered  under  this  act  that  they  are  acting  in  violo- 
lation  of  the  provisions  of  this  act. 

212.  When  there  is  not  within  the  distance  of  two  miles 
from  the  factory  or  shop  in  which  a  child  under  the  age  of 
fifteen  years  is  employed,  or  from  the  residence  of  the  child, 
arecognized  efficient  school,  attendance  at  a  school  temporarily 
approved  by  an  inspector  of  factories  and  workshops   shall, 


SCHOOL  LAWS.  73 


for  the  purposes  of  this  act,  be  deemed  attendance  at  a  recog- 
nized efficient  school,  and  the  inspector  of  factories  shall  im- 
mediately report  to  the  educational  department  every  case  of 
the  approval  of  a  school  by  him  under  this  section. 

213.  Two  weeks'  attendance  of  children   between  twelve  Attendance  at 

half-time 

and  fifteen  years  of  age,  at  a  recognized  half  time  or  evening 
school,  shall,  for  all  purposes  of  this  act,  be  counted  as  one 
week  at  a  day  school. 

214.  When  any  provisions  of  this  act  are  violated  by  a 
corporation,  proceed  ings  may  be  had  against  any  of  the  officers 
or  agents  of  said  corporation  who  in  any  way  participate  in 
or  are  cognizant  of  such  violation  by  the  corporation  of  which 
they  are  the  officers  or  agents,  and  said  officers  or  agents  shall 
be  subject  to   the  same  penalties   as  individuals  similarly 
offending. 

CONDEMNATION   OF  LAND. 

215.  It  shall  be  lawful  for  any  school  district  of  this  state  condemn  land. 
at  their  annual  meeting  or  at  any  special  meeting  called  for  CH^P/LIX,^. 
that    purpose,  upon  legal    notice,  to  vote  and    appropriate 

money  for  the  purchase  or  acquirement  of  lauds  and  the 
construction  of  a  school  house,  or  for  the  purchase  or  acquire- 
ment of  additional    lands    to   increase    the    present   school 
grounds  of  said  district,  at  such  place  in  the  said  school  dis- 
trict as   the  school  trustees   thereof  may  designate,  and  for 
that  purpose  the  said  school  trustees  may  acquire  the  said 
laud  by  purchase  or  condemnation  ;  provided,  a  majority  of  Majority  of  tax- 
the  taxable  voters  of  said  school  district  shall  be  present  at  vole  on^stion 
any  meeting  as  aforesaid  and  shall  vote  on  any  proposition  0< 
presented   for  the  condemnation   of  land;  and  any   money 
heretofore  raised  by  tax   for  any  of  the  purposes  aforesaid 
in  any  school  district,  and  not  otherwise  appropriated  or  ex- 
pended, may  be  used  for  such  purpose  upon  the  order  of  the 
school  trustees  of  such  district. 

216.  It  shall  be  lawful  for  such  school   trustees  to  enter  Trustees  may 

••         i  )  make  necessary 

upon  any  lands  and  make   all   such   preliminary  examina-  surveys. 

.  P.  L   1880, 

tarns,  explorations,  measurements  and  levelings  as  may  be  chap. 
necessary  and  proper  for  their   purposes,  doing  thereby  as  ^ 
little  damage  as  possible  to  the  owner  or  owners  thereof. 


74 


SCHOOL  LAW. 


Supreme  Co 
Justice  may 
appoint  com 
missioners. 
Ibid.  I  3. 


Notice  to 
owners. 


Meetings  of 
commissioners. 


Vacancy  in 
commissioners. 


217.  In  case  said  .school  trustees  cannot  agree  with  the 
owner  or  owners,  or  other  persons  interested  in  any  lands 
which  said  school  trustees  may  desire  to  take,  use  and 
occupy,  or  from  which  they  may  desire  to  take  or  divert, 
either  in  whole  or  in  part,  for  the  purposes  of  their 
building,  or  cannot  agree  with  the  owner  or  owners  for 
the  whole  or  any  part  of  any  lands  as  to  the  amount  of 
compensation  to  be  paid  for  such  taking,  use,  diversion 
or  occupation  or  interest,  it  shall  be  lawful  for  any  justice 
of  the  supreme  court  of  this  state,  upon  application  by 
said  school  trustees,  and  upon  two  weeks'  previous  notice, 
served  in  person,  or  by  leaving  at  the  dwelling-house  or 
usual  place  of  aboie  of  such  owner  or  owners,  or,  in  case 
of  absence  from  the  state  or  legal  disability,  published  in  a 
newspaper  published  nearest  to  the  lands  in  question,  to 
appoint  three  disinterested  commissioners,  residents  of  the 
county  in  which  said  lands  are  situated,  to  assess  and  ascer- 
tain the  value  of  the  lauds  so  proposed  to  be  taken,  used 
and  occupied,  which  commissioners  shall  appoint  a  time  and 
place  at  which  they  shall  rueot  to  execute  the  duties  of  their 
appointment,  and  shall  cause  two  weeks7  notice  thereof  to  be 
given  to  the  parties  interested  therein,  either  by  personal 
service  or  by  publication  in  a  newspaper  published  in  the 
county  where  such  lands  may  be,  at  which  time  and  place 
the  said  commissioners  shall  meet  and  view  the  premises, 
and  hear  the  paities  interested,  add  take  evidence,  if  any  be 
offered,  and  for  that  purpose  shall  have  power  to  administer 
oaths  or  affirmations,  and  to  adjourn  from  day  to  day  ;  and 
in  case  of  the  refusal  or  failure  of  either  or  any  of  said  com- 
missioners to  attend  and  perform  their  said  duties,  the  said 
judge  shall  have  power  to  appoint  another  or  other  disinter- 
ested person  or  persons  as  commissioners  to  act  in  the  place 
of  such  absent  commissioner  or  commissioners;  and  the  said 
trustees  shall  make  and  exhibit  to  the  said  commissioners  at 
their  meeting  aforesaid,  for  the  use  of  the  parties  interested, 
a  statement  and  description  in  writing,  or  by  drawings  or 
maps,  or  both,  of  the  lands  by  them  sought  to  be  taken  or 
diverted  as  aforesaid,  and  of  the  use,  occupation  of,  and 
excavations  upon  any  lands  by  them  sought  to  be  made ; 


SCHOOL  LAW.  75 


and  the  said  commissioners  shall  thereupon  ascertain  and 
assess  the  value  and  damages  aforesaid,  and  shall  execute 
under  their  hands  and  seals,  or  the  hands  and  seals  of  a  [See  sec.  231.] 
majority  of  them,  an  award  to  said  trustees  of  the  lands  by 
them  sought  in  the  statements  and  description  aforesaid, 
stating  therein  the  amount  of  damages  and  compensation 
therefor  by  them  assessed  in  favor  of  such  owner  or  owners, 
which  award  shall  be  by  them  acknowledged  and  filed  in 
the  county  clerk's  office,  and  by  him  recorded  ;  provided,  Proviso 
always,  that  if  any  real  estate,  the  owner  or  owners  of  which 
shall  not  have  given  his,  her  or  their  consent  in  writing  to 
the  diversion  or  to  the  taking  of  said  land,  shall  not  have 
been  ascertained  and  paid  pursuant  to  the  directions  of  this 
act,  shall  be  injured  or  damaged  by  the  diversion  or  diminu- 
tion of  any  said  land,  that  the  owner  or  owners  thereof  may 
have  and  maintain  his,  her  or  their  action  to  recover  dam- 
ages for  such  injury  which  he,  she  or  they  may  sustain  by 
reason  of  anything  done  under  this  act,  as  if  this  act  had  not 
been  passed. 

218.  Before  taking  possession  of  any  such  lands,  or  enter-  Payment  for 

•J  .  land  condemned 

ing  thereon  for  the  purpose  of  making  any  excavation  orikid.  §4. 
occupation  thereof,  or  taking  any  interest  in  land  as  afore- 
said, the  sai  trustees  shall  pay  or  tender  to  such  owner  or 
owners,  or,  in  case  of  absence  from  the  state  or  legal  disa- 
bility, shall  deposit  with  the  clerk  of  the  circuit  court  of 
said  county  the  value  and  damages  so  awarded  ;  and  the 
award  of  said  commissioners  and  the  payment  or  tender  or 
deposit  as  aforesaid  of  the  same,  shall  vest  in  said  corpora- 
tion the  lands  by  them  sought,  described  and  set  forth  in 
said  statement  and  description,  in  all  respects  the  same  as  if 
the  same  had  been  conveyed  to  said  trustees  by  said  owner 
or  owners  under  their  hands  and  seals. 

219.  If  either  party  feel  aggrieved  bv  said  assessment  and  Appeal  to  dr- 

cult  court. 

award,  such  party  may  appeal  to  the  next  or  second  term  or  ibid.  §5. 
the  circuit  court  of  said  county,  by  petition  and  notice  there-  rc 

* '      J     '  [See  sees.  232 

of  served  upon  the  opposite  party  two  weeks  prior  to  such  and  233  ] 
term,  or   publish   a   like  space  in   a    newspaper   published 
nearest  the  lands  in  question,   which   petition   and   notice  so 
served  or  published  shall  vest  iu  said   courts   full   power  to 


76 


SCHOOL  LAW. 


Trial  by  jury 

[See  sees.  232 
and  233  ] 


hear  and  determine  said  appeal,  and  if  required,  they  shall 
award  a  venire  for  a  jury  to  come  before  them,  who  shall 
hear  and  finally  determine  the  issue  under  the  direction  of 
the  court,  as  in  other  trials  by  jury  ;  and  it  shall  be  the  duty 
of  the  said  jury  to  assess  the  damages  to  the  said  lands  as 
above  mentioned,  and  the  value  of  such  lands  as  shall  be 
absolutely  taken  ;  and  said  court  shall  have  power  to  order 
a  struck  jury,  or  a  jury  of  view,  or  both,  to  try  any  such 
appeal,  and  also  to  order  any  jury  which  may  be  empaneled 
and  sworn  to  try  any  such  appeal,  to  view  the  premises  in 
question  during  said  trial;  and  the  right  of  said  trustees  to 
appeal  from  and  dispute  the  correctness  of  any  award  shall 
not  be  waived  or  taken  away  by  the  paying  or  tendering  the 
amount  of  the  award  and  taking  possession  of  the  land,  or 
exercising  the  rights  covered  by  such  award  ;  and  the  right 
of  any  owner  of  such  lands  or  rights  in  like  manner  to 
appeal,  shall  not  be  waived  or  lost  by  the  acceptance  of  the 
amount  so  awarded,  when  tendered ;  and  upon  the  final 
determination  of  any  such  appeal,  the  said  court  shall  ren- 
der such  judgment  in  favor  of  the  one  party  and  against 
the  other,  as  the  right  and  justice  of  the  case  shall  require, 
and  shall  award  to  the  party  substantially  succeeding  and 
prevailing  in  said  appeal,  his,  her  or  their  costs  of  said  appeal 
against  the  opposite  party,  and  shall  have  power  to  enforce 
the  judgment  so  rendered  by  execution,  as  other  judgments 
are  enforced,  and  also  by  summary  proceedings  and  attach- 
ments for  non-payment  thereof. 

220.  In  case  any  school  district  of  this  state  has  purchased 
any  lands  in  this  state,  or  may  hereafter  purchase  any  lands, 
and  has  built,  or  may  hereafter  build  thereon,  any  school 
house  or  school  houses,  the  title  to  which  said  lands  is  in  any 
way  defective,  it  shall  and  may  be  lawful  for  any  justice  of 
the  supreme  court  of  this  state,  and  the  said  justice  is  hereby 
directed,  upon  application  by  the  trustees  of  said  school  dis- 
Notke  to  owner,  trict,  upon  two  weeks'  previous  notice,  served  in  person,  or 
by  leaving  a  copy  thereof  at  the  dwelling-house  or  usual 
place  of  abode  of  the  owner  or  owners  of  said  lands,  or  in 
case  of  the  absence  from  the  state  or  legal  disability  of  the 
owner  or  owners,  then  the  said  notice  shall  be  published  in 


Proceedings  in 
case  title  to 
lands  is  defec- 
tive. 

P    L.  1888, 
Chap.  XXXI, 


SCHOOL  LAW.  77 


the  newspaper  published  in  the  county  where  said  lands  are 
situate,  for  two  weeks  prior  to  the  time  fixed  for  such  appli- 
cation, to  appoint  three  disinterested  persons  commissioners, 
which  said  commissioners  shall  be  residents  of  the  county 
where  said  lands  are  situate,  to  condemn  and  assess  and  as- 
certain the  value  of  the  lands  so  purchased  as  aforesaid, 
which  commissioners  shall  appoint  a  time  and  place  at  which  commissioners 
they  shall  meet  and  execute  the  duties  of  their  appointment, 
and  shall  cause  two  weeks'  notice  thereof  to  be  given  to  the 
owner  or  owners  thereof,  either  by  personal  service  or  by 
leaving  a  copy  thereof  at  the  dwelling-house  or  usual  place 
of  abode  of  said  owner  or  owners,  or  in  case  of  the  absence 
from  the  state  or  legal  disability  of  said  owner  or  owners, 
then  said  notice  shall  be  published  in  a  newspaper  printed 
in  the  county  where  said  lands  are  situate,  for  two  weeks 
prior  to  the  time  of  such  meeting;  at  which  time  and  place 
the  said  commissioners,  or  any  two  of  them,  shall  meet  and 
view  the  premises  and  lands,  and  hear  all  the  parties  inter- 
ested, and  take  evidence,  if  any  shall  be  offered,  and  for  that 
purpose  shall  have  power  to  administer  oaths  and  affirma- 
tions, and  to  adjourn  from  time  to  time;  and  the  said  trus- 
tees of  said  school  district  shall  make  and  exhibit  to  the 
said  commissioners  at  their  meeting  aforesaid,  a  description 
of  said  lands  purchased  as  aforesaid,  either  in  writing  or  by 
maps  or  drawings  or  both;  and  the  said  commissioners,  or  Assess value of 
any  two  of  them,  shall  thereupon  ascertain  and  assess  the  lands- 
value  of  said  lands,  and  shall  execute  under  their  hands  and 
seals,  or  the  hands  and  seals  of  any  two  of  them,  an  award 
to  said  trustees  of  said  school  district  of  the  lands  by  them 
sought  in  the  description  aforesaid,  stating  therein  the  amount 
of  compensation  therefor  by  them  assessed  in  favor  of  said 
owner  or  owners,  and  a  description  of  the  said  lands,  which 
said  award  shall  be  acknowledged  by  the  commissioners  LSee  sec.  231.] 
making  the  same  and  filed  in  the  clerk's  office  of  the  county 
where  said  lands  are  situate,  and  recorded  by  the  said  clerk 
in  the  same  manner  and  in  the  same  books  that  deeds  for 
real  estate  are  now  recorded. 

221.  When  the  said  commissioners,  or  any  two  of  them, 
shall  make  their  award  and  assess  the  value  of  the  lands 


78 


SCHOOL  LAW. 


Title  to  vest  in 
trustees. 
Ibid.  §  3. 


Proceedings  in 
case  of  appeal. 
Ibid.  §  4. 
[See  sees.  232 
and  233.] 


Trial  by  jury. 
Ibid.  I  5. 
[See  sees.  232 
and  233.] 


Districts  may 
vote  money. 
Ibid,  g  6. 


Condemnation 
of  land  for 
school  purposes 
in  cities. 


aforesaid,  that  it  shall  be  the  duty  of  the  trustees  of  said 
school  district  to  pay  to  the  owner  or  owners  of  said  land 
the  amount  so  assessed  by  the  said  commissioners,  and  in 
case  the  said  owner  or  owners  refuse  to  receive  the  same,  or 
reside  out  of  this  state,  or  are  legally  disqualified,  or  cannot 
be  found,  then  the  said  trustees  shall  pay  the  said  amount 
so  assessed  to  the  clerk  of  the  circuit  court  of  the  county 
where  said  lands  are  situate. 

222.  The  award  of  the  commissioners  aforesaid,  or  any 
two  of  them,  and  the  payment  of  the  money  so  assessed  as 
aforesaid  by  the  trustees  of  said  school  district  in  the  man- 
ner aforesaid,  shall  vest   in  the  trustees  of  said  school  dis- 
trict the  lands  and    premises  described   in   said   award,  the 
same  estate  that  would  have  vested  in  them   had  the  owner 
or  owners  thereof  conveyed  the  same  to  the  trustees  of  said 
school  district  under  their  hands  and  seals  in  fee  simple. 

223.  If  the  trustees  of  said   district  school  or  the  owner 
or  owners  of  said  lands  are  not  satisfied  with  the  assessment 
of  the  said  commissioners  of  the  amount  to  be  paid  to  the 
owner  or  owners  of  said  lands,  then  and  in  that  case  either 
party  may  appeal  to  the  next  or  second  term  thereafter  of 
the  circuit  court  of  the  county  where  said  lands  are  situate, 
by  filing  a  petition  with  the  clerk  of  said  circuit  court  and 
serving   a   notice  of  such  appeal  upon  the  opposite  par'y, 
three  weeks  prior  to  such  term,  or  by  publication  in  a  news- 
paper printed  in  the  county  where  said  lands  are  situate  for 
four  weeks  prior  to  such  term  ;   which  petition,  when  filed, 
and  the  notice  served  or  published  as  aforesaid,  shall   vest 
in  said  court  full  power  to  hear  and  determine  said  appeal. 

224.  In  all  cases  of  appeal  from  the  assessment  of  the 
commissioners  it  shall  and  may  be  lawful  for  either  party  to 
demand  and  have  a  trial  by  jury,  and  the  assessment  of  the 
court  or  jury  shall  be  final. 

225.  It  shall  and  may  be  lawful  for  any  school  district  in 
this  statej  at  their  annual   meeting,  to  vote  money  to  carry 
out  the  provisions  of  this  act,  as  money  is  now  voted  for 
said  school  district  under  any  existing  law. 

226.  Whenever,  in  the  judgment  of  the  board  or  body 
having  control  of  the  public  schools,  and  the  authority  to 


79 


xvi. 


purchase  lands  therefor  in  any  of  the  cities  of  this  state,  the 
price  demanded  by  the  owners  of  any  lands  or  real  estate 
which  may  be  deemed  by  such  board  or  body  necessary  for 
the  use  of  the  public  schools  of  any  such  city,  is  exorbitant 
and  more  than  the  reasonable  and  fair  market  value  thereof, 
it  shall  and  may  be  lawful  for  such  board  or  body,  with  the 
concurrence  of  the  common  council  (whenever  the  con- 
currence of  the  common  council  or  other  governing  body  is 
necessary  for  the  purchase  of  lands  for  public  school  pur- 
poses in  any  such  city),  to  apply  to  a  judge  of  the  circuit  court 
in  and  for  the  county  in  which  such  city  is  located,  for  the 
appointment  of  three  commissioners  to  make  an  appraise- 
ment  of  the  value  of  the  lands  and  of  the  damages  which 
the  owner  or  owners  may  suffer  by  reason  of  the  taking  and 
condemnation  thereof;  such  application  shall  be  made  upon 
petition,  setting  forth  that  the  said  board  or  body  has  been 
unable  to  agree  with  the  owners  for  the  purchase  of  such 
lands,  and  that  the  price  demanded  therefor  is,  in  the  judg- 
ment of  the  said  board  or  body,  exorbitant,  and  more  than 
the  market  value  thereof,  and  praying  the  same  may  be  con- 
demned, giving  in  the  said  petition  a  description  of  the 
lands  which  it  is  desired  shall  be  condemned  for  the  pur- 
poses aforesaid,  and  thereupon  it  shall  be  the  duty  of  the 
said  judge  to  appoint  as  commissioners  three  suitable  per- 
sons (who  shall  be  freeholders  and  residents  of  fhe  county 
within  which  such  application  is  made),  to  make  an  appraise- 
ment of  the  value  of  the  lands  so  to  be  condemned,  and  of 
the  damages  which  the  owner  or  owners  of  such  lands  may 
suffer  by  reason  of  the  taking  thereof. 

227.  Such  commissioners,  appointed  by  the  circuit  court  Commissioners 

'      l  L  to  take  oath. 

having  taken  an  oath  faithfully  and  impartially  to  execute  Ibid-  §2 
the  duties  of  their  office,  shall  forthwith  proceed  to  estimate 
and  determine  the  fair  value  of  the  lands  and  real  estate  so 
to  be  taken  and  condemned  as  aforesaid,  and  of  the  damages 
which  the  owner  or  owners  thereof  will  suffer  by  reason  of  Notice  to  owne 
the   taking   thereof,   first   having  given   at  least   ten   days'  ' 
notice  in  writing  to  the  said  owner  or  owners,  either  per- 
sonally or  by  leaving  the  same  at  his  or  her  place  of  abode, 
of  the  time  and  place  when   and  where  they  may  be  heard 


80 


SCHOOL  LAW. 


Meetings  of 
commissioners 


[See  sec.  231. 


Payment  of 
award. 


Appeal  from 
award  of  com- 
missioners. 

[See  sees.  232 
and  233.] 


Title  to  be  in 
name  of  city. 
Ibid.  §  3. 


Compensation 
commissioners 
Ibid,  g  4. 


in  relation  to  the  matter;  in  case  any  owner  shall  be  an 
infant,  married  woman,  non  compos  mentis  or  absent  from 
the  city  or  place  where  such  condemnation  proceedings  are 
taken,  or  be  from  any  cause  incapacitated  to  act  in  this  be- 
half, then  notice  of  the  time  and  place  and  object  of  said 
meeting  shall  be  advertised  or  other  notice  given,  as  the 
judge  may  direct,  and  said  meeting  or  meetings  may  be 
adjourned  from  time  to  time  at  the  discretion  of  said 
commissioners,  and  as  soon  as  they  shall  have  determined 
upon  said  valuation  they  shall  make  and  sign  a  certificate 
thereof  and  file  the  same  in  the  office  of  the  city  clerk 
of  such  city,  or  at  such  other  place  as  the  said  judge 
may  direct ;  and  immediately  upon  the  payment  to  said 
owner  or  owners  of  the  amount  of  the  said  valuation,  or 
in  case  he  or  they  will  not  or  cannot  receive  the  same, 
upon  deposit  of  the  same  in  such  bank  or  institution  as 
the  said  court  or  judge  may  direct,  the  title  to  and 
right  of  possession  of  such  property  shall  immediately 
become  vested  in  such  city  or  place ;  and  any  owner  con- 
ceiving himself  or  herself  aggrieved  by  the  proceedings  of 
said  commissioners,  may  appeal  therefrom  to  the  supreme 
court  of  this  state  at  any  time  within  sixty  days  after  the 
filing  of  said  certificate,  and  the  said  court  shall  thereupon 
order  a  trial  by  jury  to  assess  the  value  of  the  said  property 
and  the  said  damages,  which  trial  shall  be  conducted  in  all 
respects  as  in  other  cases  of  trial  by  jury,  and  the  final  judg- 
ment of  the  said  court  upon  the  verdict  rendered  therein 
shall  be  conclusive  upon  all  parties  as  to  the  said  valuation 
and  damages,  and  the  amount  already  paid  or  deposited  as 
aforesaid  shall  be  increased  or  diminished  accordingly. 

228.  All  titles  taken  for  the  purposes  mentioned  in  this 
act  shall  be  in  the  name  of  the  city  in  which  the  said  lands 
are  purchased  or  condemned  by  virtue  of  the  provisions  of 
this  act. 

of  229.  The  commissioners  so  to  be  appointed  by  the  said 
judge  of  the  circuit  court  shall  receive  such  compensation  for 
their  services  as  the  said  judge  shall  order  and  direct,  and 
the  same,  as  well  as  the  other  expenses  incident  to  the  con- 


SCHOOL  LAW.  81 


demnation  proceedings,  shall  be  paid  by  the  said  city  in  which 
the  lands  are  situate. 

230.  Any  city  in   which  such  condemnation  proceedings 

are  taken  shall  provide  the  necessary  funds  to  pay  for  the  Ibid-2s. 
lands  so  condemned  and  the  damages  for  the  taking  thereof, 
and  such  other  expenses  as  may  be  incidental  thereto,  and 
for  this  purpose  shall  have  power  to  raise  money  by  taxation. 

231.  All  reports  of  commissioners  hereafter  appointed  by  Reports  of  com- 

,  .          .  /»      ,  missioners  to 

any  court  or  by  any  justice  of  the  supreme  court  to  appraise  appraise  dam- 
the  damages  for  the  taking  of  lands  or  other  property  for  lands  for  public 
public  use  shall  be   made  or  filed  on  or  before  a  day   to  be  p-  L- 1893- 
fixed  in  the  order  of  appointment,  unless  the  court  of  justice  21- 
shall  by  order  extend  the  time,  in  which  case  the  report  shall 
be  made  on  or  before   the  day  limited   by  said  court  or  jus- 
tice, and  every  appeal  from  such  report  shall  be  taken  with- 
in five  days  after  the  day  thus  fixed. 

232.  Whenever  an  appeal  shall  be  filed  from  an  award  of 
damages  by  commissioners  heretofore  or  hereafter  appointed 
in  any  proceeding  for  the  taking  of  property  for  public  use, 
notice  in  writing  of  such  appeal  shall  be  given  by  the  party 
appealing  to  the  other  party  within  ten  days  after  the  filing 
of  the  petition  of  appeal,  by  service  of  such  notice  upon  each 
person  interested  personally  pr  by  leaving  at  his  residence  if 
he  resides  in  the  state,  or  by  service  upon  his  attorney  if  any, 
who  shall  have  appeared  for  him  before  the  commissioners 
or  any  other  attorney  authorized  to  appear  for  him,  and  in 
case  of  a  corporation,  service  may  be  made  on  such  attorney 
or  on   any  officer  or  agent  upon  whom  a  summons  in  an 
action  at  law  against  the  company  may  be  lawfully  served  ; 
where  it  shall  appear  by  affidavit  that  any  person  or  corpo- 
ration being  a  party  to  the  proceedings  is  a  non-resident  of 
the  state,  or  can  not  be  found  therein  to  be  served,  in  such 
case  notice  shall  be  given  in  such  manner  as  a  judge  of  the 
court  to  which  appeal  is  taken  may  direct ;  the  said  notice 
of  appeal  shall  set  forth  that  an  appeal  has  been  taken  from 
the  award  of  the  commissioners,  and  shall  specify  the  time 
and  place  when  and  where  the  appellant  will  apply  to  the 
court  to  which  such  appeal  is  taken  or  any  judge  thereof  to 
frame  the  issue  and  to  fix  a  day  for  the  striking  of  the  jury, 


82 


SCHOOL  LAW. 


Court  shall  fix 
day  for  trial  of 
appeal. 
Ibid.  3  3. 


Struck  jury. 


Repealer. 
Ibid,  g  4. 


and  a  day  for  the  trial  of  the  appeal,  which  time  named  for 
said  application  shall  be  not  less  than  five  nor  more  than  ten 
days  from  the  date  of  service  of  the  notice,  but  the  court  or 
judge  may  by  order  change  the  time  or  place  on  the  applica- 
tion of  either  party  and  direct  what  notice  of  such  change 
shall  be  given  to  the  other  party. 

233.  After  an  appeal  to  any  court  from   the  award  of 
commissioners  appointed  to  assess  the  damages  for  the  taking 
of  lauds  or  other  property  for  public  use  by  condemnation 
shall  have  been  filed,  and  notice  thereof  shall  have  been 
given  as  .above  provided,  the  court  to  which  such  appeal  is 
taken,  or  any  judge  thereof  on  application  of  either  party 
shall  fix  a  day  for  the  trial  of  the  appeal  either  during  the 
term  or  vacation  when  such  appeal  shall  be  filed  or  during 
the  following  term  or  vacation,  which  day  so  fixed  shall  be 
not  less  than  twenty  nor  more  than  forty  days  from  the  date 
of  the  order,  and  the  court  or  judge  shall  also  at  the  same 
time  make  an  order  framing  the  issue  between  the  parties 
and  directing  a  jury  to  be  struck  and  a  view  of  the  premises 
and  property  to  be  had,  and  fixing  a  day  and  place  for  the 
striking  of  the  jury  for  the  trial  of  the  appeal,  which  day 
shall  be  at  least  ten  days  before  the  day  fixed  for  the  trial  of 
the  appeal,  and  the  filing  of  the  order  shall  be  notice  to  all 
parties  of  the  day  and  place  fixed  thereby  for  the  striking  of 
the  jury  and  of  the  trial,  and  the  jury  having  been  struck 
and  the  jurors  summoned  as  required  by  law  the  cause  shall 
be  tried  upon  the  day  and  at  the  place  fixed  unless  for  good 
cause  shown  the  court  shall  adjourn  the  trial  to  another  day 
which  the  court  shall  fix,  in  which  case  the  court  shall,  in 
its  discretion,  either  direct  the  same  jurors  to  attend  or  order 
another  jury  to  be  struck  and  summoned  in  like  manner, 
and  all  parties  shall  take  notice  of  the  day  and  place  fixed 
for  the  adjourned  trial. 

234.  All  acts  or  provisions  inconsistent  with  the  provi- 
sions of  this  act  shall  be  and  are  hereby  repealed,  and  the 
practice  prescribed  by  this  act  shall  supersede  the  existing 
practice  in  all  condemnation  cases  before  commissioners  or 
on  appeal,  so  far  as  the  provisions  of  this  act  shall  extend, 
and  the  court  shall  make  such  further  orders  and  take  such 


SCHOOL  LAW.  83 


further  proceedings  as  may  be  requisite  according  to  the 
practice  of  the  court  and  the  several  statutes  regulating 
appeals  and  the  trials  thereof  in  condemnation  cases  and 
may  permit  such  amendments  of  the  proceedings  and  plans 
as  may  be  reasonable  and  proper  for  the  fair  trial  of  the  case 
or  for  the  promotion  of  the  public  purposes  for  which  the 
power  to  condemn  was  conferred. 

MANUAL  TRAINING. 

235.  Whenever  any  board  of  school  trustees  or  board  of  state  aPProPria- 

lion  for  manual 

education  of  any  school  district  in  this  state  shall  certify  to  J^-fJfcg 
the  state  superintendent  of  public  instruction  that  there  has  xxxvm  gi 
been  raised  by  special  district  school  tax,  or  by  subscription, 
or  both,  a  sum  of  money  not  less  than  five  hundred  dollars 
for  the  establishment  in  such  district  of  a  school  or  schools 
for  manual  training,  or  for  the  purpose  of  adding  manual 
training  to  the  course  of  study  now  pursued  in  the  school  or 
schools  of  such  district,  it  shall  be  the  duty  of  the  said  state 
superintendent  of  public  instruction,  with  the  approval  of 
the  governor,  te  draw  his  order  on  the  comptroller  and  in 
favor  of  said  district  for  the  sum  equal  to  that  contributed 
by  said  school  district  as  aforesaid  for  said  object;  and  when 
such  school  or  schools  shall  have  been  established,  or  manual 
training  shall  have  been  added  to  the  course  of  study  in  any 
district,  there  shall  be  annually  contributed  by  the  state,  in 
manner  aforesaid,  for  the  maintenance  thereof,  a  sum  of 
money  equal  to  that  raised  each  year  in  said  district  for 
such  purpose;  provided,  that  the  course  of  manual  training  proviso. 
established  or  introduced  under  the  provisions  of  this  act 
shall  be  approved  by  the  state  board  of  education ;  provided  Proviso. 
further,  that  the  moneys  appropriated  by  the  state  as  afore- 
said to  any  school  district  shall  not  exceed  in  any  one  year 
the  sum  of  five  thousand  dollars,  and  that  all  payments 
made  in  pursuance  of  the  provisions  of  this  act  shall  be  paid 
on  the  warrant  of  the  comptroller  out  of  the  income  of  the 
school  fund. 

236.  The  trustees  of  any    school    district   in    this   state  *ep* 
receiving  an  appropriation  under  the  provisions  of  this  cat  ll 


SCHOOL  LAW. 


shall  annually,  on  or  before  the  first  day  of  September, 
make  a  special  report  to  the  state  superintendent  of  public 
instruction  of  the  progress  of  manual  training  in  such  dis- 
trict, and  give  such  other  information  in  connection  there- 
with as  he  may  require. 


State  apprppria 

tion  for  technics 

schools. 

P.  L.  1881, 

Chap.CXLIV, 

§*• 


P.  L. 1885. 
Chap.  CLXIV 
gi.div.  x. 


Proviso 


Mouey  to  be 
applied  under 
direction  of 
trustees. 
P   L.  1881, 
Chap   CXLIV, 


Local  tax. 
Ibid.  §3 


INDUSTRIAL  EDUCATION. 

237.  Whenever  any  board  of  education,  school  committee 
or  other  like  body,  of  any  city,  town  or  township  in  this  state 
shall   certify   to  the  governor  that  a  sum  of  money  not  less 
than  three  thousand  dollars  has  been  contributed  by  volun- 
tary  subscriptions  of  citizens,   or   otherwise  as   hereinafter 
authorized,  for  the  establidhment  in  any  such  city,  town  or 
township,  of  a  school  or  schools  for  industrial  education,  it 
shall  be  the  duty  of  the  said  governor  to  cause  to  be  drawn, 
by  warrant  of  the  comptroller,  approved  by  himself,  out  of 
the  income  of  the  school  fund,  an  amount  equal  to  that  con- 
tributed by  the  particular  locality  as  aforesaid   for   the  said 
object ;  and    when  any   such   school    or  schools  shall   have 
been  established  in  any  locality  as  aforesaid,  there  shall   be 
annually  contributed   by  the  state,  in  manner  aforesaid,  for 
the  maintenance  and  support  thereof,  a  sum  of  money  equal 
to  that  contributed  each  year  in   said   locality  for  such  pur- 
pose; provided,  however,  that  the  moneys  contributed  by  the 
state,  as  aforesaid,  to  any  locality,  shall   not  exceed  in  any 
one  year  the  sum  of  five  thousand  dollars. 

238.  All  money  raised  and  contributed  as  aforesaid  shall 
be  applied  under  the   direction    of   a    board    of   trustees, 
organized  as  hereinafter  provided,  to  the  establishment  and 
support  of  schools  for  the  training  and  education  of  pupils 
in  industrial  pursuits  (including  agriculture),  so  as  to  enable 
them  to  perfect  themselves  in   the  several  branches  of  in- 
dustry which  require  technical  instruction. 

239.  Any  city,  town  or  township  shall  have  power  to 
appropriate  and  raise  by  tax  for  the  support  of  any  such  school 
therein,  such  sum  of  money  as  they  may  deem  expedient 
and  just. 


SCHOOL  LAW.  85 


240.  There  shall  be  a  board    of  trustees  of  each  of  such  ;,riistres- 

Ibid.  g  4. 

schools,  which  shall  consist  of  the  governor,  ex-officio,  who 
shall  be  president  thereof;  two  persons  selected  by  the  state 
board  of  education  ;  two  by  citizens  and  associations  con- 
tributing ;  two  by  the  board  of  education,  school  committee 
or  other  like  body  of  the  locality  where  such  school  is  estab- 
lished ;  and  one  by  the  common  council,  township  committee 
or  other  governing  body  thereof,  if  such  city,  town  or  town- 
ship shall  contribute  to  the  maintenance  of  such  school  ;  the 
said  board  of  trustees  shall  have  control  of  the  buildings  and 
grounds  owned  and  used  by  such  schools,  the  application  of 
the  funds  for  the  support  thereof,  the  regulation  of  the  tuition 
fees,  the  appointment  and  removal  of  teachers,  the  power  to 
prescribe  the  studies  and  exercises  of  the  school  and  rules  for 
its  management;  to  grant  certificates  of  graduation,  to  appoint 
some  suitable  person  treasurer  of  the  board,  and  to  frame  and  freasurer 
modify  at  pleasure  such  by  laws  as  they  may  deem  necessary 
for  their  own  government  ;  they  shall  report  annually  to  the 
state  and  local  boards  of  education  their  own  doings  and  the 
progress  and  condition  of  the  schools. 

241.  The  board  of  trustees  of  the  schools  for  industrial  Trustees  of 

industrial  schools 

education,  provided  for  and    organized    under    the    act    to  created  '  °dies 
which  this  is  a  supplement,  be  and  they  are  hereby  created  a  £^  'f^i 
body  corporate  under  the  name  and  style  of  "  the  board  of  fSee  s"c-  2«°-1 
trustees  of  schools  for  industrial  education,"  with  the  right 
of  perpetual  succession,   to  sue  and  be  sued,  to    purchase, 
lease  and  hold   personal  and   real   property,  and  to  sell  and 
mortgage  the  same,  and  with  power  to  accept  donations  and 
brquests  of  money  and  property  to  be  used  for  the  purposes 
for  which  said  boards  are  constituted  and  organized. 

242.  The  said  trustees  shall  receive  no  compensation  for  compensation. 

P    L*    looi, 

their  services,  but  the  expenses  necessarily  incurred  by  them  <:£a»>-  c 
in  the  discharge  of  their  duties  shall   be  paid  out  of  the  in-  ch^  CLX 


CLXIV 
come  of  the  school  fund  upon  the  approval  of  the  governor.  2T'dlv  x 

243.   Whenever  in  any  school    district  there  shall   have  state  appropria- 

i  •        i    i  -iii  tion  for  industrial 

been  raised  by  special  school  tax  or  by  subscription,  orb^th,  education. 
a  sum  of  money  not  less  than  five  hundred  dollars,  for  the  chap'cxiv, 
establishment  in  such    district  of   a  school  or    schools  for 
industrial  education  or  for  the  purpose  of  adding  industrial 


86 


SCHOOL  LAW. 


Proviso . 


Proviso- 


Report  to  state 
superintendent. 
Ibid,  a  2. 


education  to  the  course  of  study  now  pursued  in  the  school  or 
schools  of  such  district,  there  shall  be  appropriated  by  the 
state,  out  of  the  income  of  the  school  fund,  an  amount  equal 
to  that  appropriated  by  the  district  as  aforesaid  ;  and  when 
such  school  or  schools  shall  have  been  established  in  any  dis- 
trict, or  said  industrial  education  has  been  introduced  into 
the  course  of  study  in  the  school  or  schools  of  any  district, 
there  shall  be  appropriated  by  the  state  for  the  maintenance 
and  support  thereof  a  sum  of  money  equal  to  that  appropri- 
ated each  year  by  the  district  for  such  purpose;  provided, 
that  the  moneys  appropriated  by  the  state  as  aforesaid 
to  any  school  district  shall  not  exceed  in  any  one  year 
the  sum  of  five  thousand  dollars  ;  the  treasurer  of  the  city 
or  the  collector  of  the  township,  as  the  case  may  be,  shall 
be  the  legal  custodian  of  any  and  all  funds  subscribed, 
allotted  or  raised  for  the  purpose  of  carrying  out  the 
instruction  contemplated  by  this  act,  and  he  shall 
keep  a  separate  and  distinct  account  thereof,  apart  from 
all  other  moneys  in  his  custody  whatsoever,  and  shall 
disburse  the  fund  on  the  properly  authenticated  drafts  of 
the  trustees  of  the  school  district,  or  other  persons  or  board 
having  charge  of  public  schools  in  such  district  ;  any  unex- 
pended balance  to  the  credit  of  this  fund  in  any  township 
or  city  at  the  end  of  any  fiscal  year,  shall  not  be  covered 
into  the  treasury  of  the  city  or  township,  but  shall  be  at  the 
disposal  of  the  school  trustees  or  other  persons  or  board 
having  charge  of  public  schools  in  the  district,  for  the  pur- 
pose of  aiding  industrial  education  in  the  succeeding  year 
or  years;  provided,  that  any  such  unexpended  balance  shall 
not  be  included  in  the  report  of  the  amount  raised  in  any 
succeeding  year  for  the  purpose  of  procuring  state  funds  as 
above  provided. 

244.  The  trustees  or  other  persons  or  board  having  charge 
of  public  schools  of  any  district  in  [this]  state  receiving  an 
appropriation  under  the  provisions  of  this  act  shall  annually, 
on  or  before  the  first  day  of  September,  make  a  special 
report  to  the  superintendent  of  public  instruction  of  the 
progress  of  industrial  education  in  such  district  and  such 
other  information  in  connection  therewith  as  he  may  require. 


SCHOOL  LAW.  87 


245.  It  shall  be  lawful  for  the  trustees  or  other  persons 

or  board  having  charge  of  public  schools  of  any  school  dis-  Ibld-23- 
trict  to  associate  with  themselves  in  the  management  of  this 
fund  a  number  of  citizens  not  exceeding  ten  representing 
the  donors,  in  case  the  sum  or  any  part  thereof  necessary  to 
obtain  the  state  appropriation  shall  have  been  raised  by 
private  subscription. 

246.  Whenever  in  any  school  district,  city  or  township,  District  to  re- 

7         J  r7  fund  to  state 

in  which  industrial  education   has    heretofore    been  estab-  when  industrial 

education  has 

lished,  or  where  industrial  education  has  been  added  to  the  t««j a1lg"doned- 
course  of  study  in  the  school  or  schools  of  such  districtj  ChaP-  cxr,§i. 
city  or  township,  for  which  moneys  have  been  raised,  sub- 
scribed or  appropriated  under  the  act  to  which  this  is  a 
supplement,  and  such  industrial  education  so  established  or 
added  to  the  course  of  study  in  any  such  district,  city  or 
township  has  been  or  may  hereafter  be  discontinued  or 
abandoned,  and  there  now  is  or  hereafter  may  be  any 
moneys  or  unexpended  balances  of  such  fund  in  the  treasury 
of  the  city  or  in  the  hands  of  the  collector  of  the  township, 
or  other  legal  custodian  of  such  funds,  and  which  are  or 
may  be  kept  in  a  separate  and  distinct  account  apart  from 
all  other  moneys  in  his  custody,  and  not  now  or  hereafter 
covered  into  the  treasury  of  such  city  or  township;  that 
one-half  of  such  moneys  or  unexpended  balance  in  the 
treasury  of  the  city  or  collector  of  the  township  in  which 
such  industrial  education  has  been  discontinued  or  aban- 
doned shall,  and  may  be,  by  the  order  or  direction  of  the 
persons  or  board  having  charge  of  public  schools  in  such 
district,  city  or  township,  returned  to  the  state  treasurer  to 
be  credited  to  the  account  of  state  school  fund,  and  the 
remaining  one-half  used  for  any  other  public  school  pur- 
pose, as  such  persons  or  board  may  designate,  and  the  said 
moneys  or  unexpended  balance,  after  the  payment  of  the 
one-half  thereof  as  aforesaid  to  the  state  treasurer,  shall  be 
transferred  by  the  city  treasurer  or  collector  of  any  such 
city  or  township  either  to  the  general  school  fund  or  appro- 
priations of  such  city  or  township,  or  to  any  particular  fund 
or  appropriation  for  public  school  education  or  instruction 
as  directed  by  such  persons  or  board. 


88 


SCHOOL  LAW. 


District  may 
dispose  of  ap- 
paratus when  ii 
dustrial  educa- 
tion is 
abandoned. 
Ibid.  §  2. 


247.  The  implements  or  articles  purchased  and  used  in 
connection  with  industrial  education  which  has  been  or  may 
hereafter  be  discontinued  or  abandoned  in  any  district,  city 
or  township,  may  be  disposed  of  by  the  persons  or  board 
having  charge  of  public  schools  in  such  district,  city  or 
township,  and  the  proceeds  thereof  paid  to  the  city  treas- 
urer or  to  the  collector  of  such  city  or  township,  and  one- 
half  thereof  paid  to  the  state  treasurer,  to  be  credited  to  the 
account  of  the  state  school  fund,  and  the  remaining  one-half 
placed  to  the  credit  of  the  public  school  funds  or  appropria- 
tions in  such  city  or  township,  for  any  purpose  of  public 
schools,  education  or  instruction. 


Students  may  be 

appointed  from 

assembly 

districts. 

P.  L.  1894, 

Chap. 

CCCXLIXJi. 


Board  of 
trustees. 


MANUAL  TRAINING  SCHOOL  AT  BORDENTOWN. 

248.  For  the  purpose  of  carrying  out  and  putting  in  force 
the  true  intent  of  the  supplement  to  an  act  of  congress  of 
August  thirtieth,  one  thousand  eight  hundred  and  ninety, 
chapter  eight  hundred  and  forty-one,  section  one,  acts  of 
congress  one  thousand  eight  hundred  and  seventy-four  to 
one  thousand  eight  hundred  and  ninety-one,  pages  seven 
hundred  and  ninety-seven  and  seven  hundred  and  ninety- 
eight,  revised  statutes  of  the  United  States  and  the  several 
acts  of  the  legislature  of  New  Jersey  respecting  industrial 
education  and  manual  training  schools;  that  for  the  pur- 
pose of  carrying  more  fully  into  effect  the  true  intent  of 
these  acts,  the  manual  training  and  industrial  school  at  Bor- 
dentown,  New  Jersey,  Burlington  county,  be  and  the  same 
is  hereby  designated  as  a  branch  institution  for  the  educa- 
tion of  such  students  as  may  be  appointed  from  the  several 
assembly  districts  and  counties  of  this  state,  as  hereinafter 
provided;  that  the  said  school  shall  be  managed  and  con- 
trolled by  a  board  of  trustees  consisting  of  the  following  per- 
sons and  their  successors  in  office :  The  governor  of  the 
state,  who  shall  be  president  ex-officio;  the  state  superin- 
tendent of  public  instruction,  the  president  of  the  senate, 
the  speaker  of  the  assembly,  the  chairman  of  the  committee 
on  education  of  the  senate,  the  chairman  of  the  committee 
on  education  of  the  house,  the  president  of  the  state  agricul- 


SCHOOL  LAW.  89 


tural  college,  the  trustees  of  school  district  number  fifteen, 
Burlington  county  ;  the  principal  of  the  state  normal  school, 
the  principal  of  the  Far n urn  preparatory  school  at  Beverly, 
New  Jersey  ;  two  persons  selected  by  the  state  board  of  edu- 
cation and  the  county  superintendent  of  Burlington  county  ; 
these  trustees  shall  have  all  the  power  and  responsibilities 
given  by  the  laws  of  this  state  to  trustees  of  public  and 
manual  training  schools. 

249.  All  laws  applying  to  and  governing  industrial  and 
manual   training  schools   now   in   force  in  this  state  shall 
apply  to  this  school. 

250.  When  the  trustees  of  said  school  are  ready  to  re- 
ceive students,  one  student  from  each  county  in  the  state  to 
be  selected  by  the  senator  thereof  and  one  student  from  each 
assembly  district  to  be  selected  by  the  assemblymen  thereof 
and  be  approved  of  by  the  trustees  and  faculty  of  the  school, 
shall  be  entitled  to  free  scholarships  in  said  school. 

251.  The   state   superintendent  of  public   instruction   is 
hereby  authorized  and  required  to  make  an  examination  of 

the  books  and  records  of  the  colored  industrial  education  Ibld<g4 
association  of  New  Jersey,  with  a  view  of  ascertaining  what 
amount  of  subscriptions  have  been  given  said  association 
for  industrial  and  manual  training  under  the  several  acts  of 
the  legislature  of  this  state,  and  the  value  of  the  assets  that 
they  have  come  into  possession  of  by  reason  of  the  act  of 
the  legislatue  of  May  twenty- first,  one  thousand  eight  hun- 
dred and  ninely,  and  the  value  of  all  donations  and  sub- 
scriptions and  assets  held  by  said  association  from  the  tenth 
day  of  November,  one  thousand  eight  hundred  and  eighty- 
nine,  to  the  present  time,  and  to  draw  his  warrant  on  the 
comptroller  for  a  like  sum  in  favor  of  the  board  of  trustees 
created  by  this  act  for  the  maintenance  of  said  school,  in 
accordance  with  the  provisions  of  the  act  of  the  legislature 
of  March  twenty-fourth,  one  thousand  eight  hundred  and 
eighty-one,  and  the  act  of  the  legislature  of  one  thousand 
eight  hundred  and  eighty-eight,  known  as  the  manual  train- 
ing act ;  provided,  that  the  sum  for  which  said  warrant  shall 
be  drawn  shall  not  exceed  in  the  aggregate  the  sum  allowed 
by  said  acts  of  the  legislature  for  each  year. 


90 


SCHOOL  LAW. 


t™stee«board  °f 


iation. 


colored  industrial  educational  association  of 
Jersey  and  the  trustees  of  school  district  number  fif- 
teen, Burlington  county,  be  and  they  are  hereby  authorized 
to  turn  over  to  the  trustees  created  by  this  act  all  moneys, 
real  estate  and  personal  property  which  they  hold  for  indus- 
trial education  in  said  district. 

253.  In  lieu  of  all  claims,  rights  and  titles  which  the  branch 
institution  designated  by  this  act  has,  or  may  hereafter 
have,  upon  the  annual  appropriation  coming  to  this  state 
from  congress,  under  the  provision  of  the  supplement  to  the 
act  of  congress  of  August  thirtieth,  one  thousand  eight  hun- 
dred and  ninety,  three  thousand  dollars  is  hereby  annually 
appropriated  for  the  maintenance  of  said  school  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated. 


Age  of  children 
in  factories. 
P.  L. 1883, 
Chap.  LV II,?  t 


Children  be- 
tween ages  of 
twelve  and 
fifteen  must 
attend  school 
before  employ- 
ment in  factory, 
etc. 
Ibid.  ?  2. 


CHILDREN  IN  FACTORIES. 

254.  No  boy  under   the  age  twelve  years,  nor  any  girl 
under  fourteen  years  of  age,  shall  be  employed  in  any  fac- 
tory, workshop,  mine  or  establishment  where  the  manufac- 
ture of  any  goods  whatever  is  carried  on. 

255.  On  and  after   the  first  day  of  July,  one  thousand 
eight  hundred  and  eighty-four,  no  child  between  the  ages  of 
twelve  and  fifteen  years  shall  be  employed    in  any  factory, 
workshop,  mine  or  establishment  where  the  manufacture  of 
any  kinds  of  goods  whatever  is  carried  on,  unless  such  child 
shall  have  attended,  within  twelve  mouths  immediately  pre- 
ceding such  employment,  some  public  day  or  night  school, 
or  some  well  recognized   private  school ;  such  attendance  to 
be  for  five  days  or  evenings  every  week  during  a  period   of 
at  least  twelve  consecutive   weeks,  which   may   be  divided 
into  two  terms  of  six  consecutive   weeks  each,  so  far  as  the 
arrangement  of  school   terms  will  permit,  and   unless  such 
child,  or  his  parents  or  guardian  shall  have  presented  to  the 
manufacturer,  merchant  or  other  employer  seeking  to  employ 
such  child,  a  certificate  giving  the   name  of  his  parents  or 
guardian,  the  name  and  number  of  the  schools  attended,  and 
the   number  of  weeks  in   attendance,  such   certificate  to  be 


SCHOOL  LAW.  91 

signed  by  the  teacher  or  teachers  of  such   child  ;  provided,  Proviso. 
that  in  case  the  age  of  the  child  be  not  known,  such  teacher 
shall  certify  that  the  age  given  is  the  true  age,  to  tl»e  best  of 
his  or  her  knowledge  and  belief;  provided,  that  in  case  of  Proviso. 
orphan  children,  where   necessity  may  seem   to  require,  the 
guardian  or  others   having  charge  of  the  same,  may,  upon 
application  to  the  inspector    provided  for  in  this  act,  receive 
from   him  a  permit   for  the  employment  of  such  child  or 
children,  under  such  regulations  as  the  said  inspector  may 
prescribe. 

256.  No  child  or  children  under  the  age  of  fourteen  years  children  under 

*  fourteen  not  to 

shall  be  employed  in  any   factory,  workshop,  mill  or  estab-  j£0'™S|°J^n 
lishment  where  the  manufacture  of  any   kind  of  goods  is  Jj|Jsoa  day> 
carried  on,  for  a  longer  period  than  an  average  of  ten  hours 
in  a  day,  or  sixty  hours  in  a  week. 

257.  Every   manufacturer,  merchant  or   other  employer 
employing  any  person  contrary  to  the  provisions  of  this  act, 

or  who  shall  be  guilty  of  any  violation  hereof,  shall  be  liable  cxxxvn,  gs. 
to  a  penalty  of  fifty  dollars  for  each  offense,  to  be  recovered 
in  an  action  of  debt  in  any  district  court  in  any  city,  or 
before  any  justice  of  the  peace  having  jurisdiction,  and  that 
any  parent  or  guardian  who  knowingly  permits  the  employ- 
ment of  any  such  child  or  children,  shall  be  liable  in  any 
like  action  to  a  penalty  of  not  more  than  fifty  dollars,  as 
the  court  shall  fix;  that  such  action  shall  be  prosecuted  in 
the  name  of  the  inspector ;  the  trial  shall  proceed  as  other 
actions  of  debt,  and  the  first  process  shall  be  a  summons 
returnable  in  not  less  than  five  days  or  more  than  ten  after 
issue,  and  it  shall  not  be  necessary  to  indorse  the  same  as 
qui  tarn  actions,  the  finding  of  the  court  shall  be  that  the 
defendant  has  or  has  not,  as  the  case  may  be,  incurred  the 
penalty  claimed  in  the  demand  of  the  plaintiff,  and  judg- 
ment shall  be  given  accordingly  ;  in  case  a«  execution  shall 
issue  and  be  returned  unsatisfied,  the  court,  on  application, 
after  notice  to  the  defendant,  may  award  an  execution  to 
take  the  body  of  the  defendant,  and  in  case  such  defendant 
is  committed  under  such  an  execution,  he  shall  not  be  dis- 
charged under  the  insolvent  laws  of  the  state,  but  shall  only 
be  discharged  by  the  court  making  the  order  for  the  body 


92  SCHOOL  LAW. 


execution,  or  one  of  the  justices  of  the  supreme  court,  when 
such  court  of  justice  shall  be  satisfied  that  further  confine- 
ment will  not  accomplish  the  payment  of  the  judgment  and 
costs;  an  affidavit  of  the  age  of  any  minor,  made  by  its 
parent  or  guardian  at  the  time  of  its  employment,  shall  be 
conclusive  evidence  of  the  age  of  such  minor  upon  any  trial 
against  a  manufacturer  or  employer  for  a  violation  of  this 
act,  but  any  parent  or  guardian  that  shall  knowingly  swear 
falsely  in  such  affidavit  shall  be  guilty  of  perjury,  and  the 
inspector  or  deputy  inspector  shall  be  authorized,  in  case 
they  shall  find  any  minor  employed  under  any  false  affidavit 
given  as  aforesaid,  to  order  and  compel  such  minor  to  desist 
from  work  ;  the  provisions  of  this  act  in  relation  to  the 
hours  of  employment  shall  not  apply  to  or  affect  any  person 
engaged  in  preserving  perishable  goods  in  fruit  canning 
establishments. 

inspector  of  258.-  The  governor  shall,  immediately  after  the  passage  of 

this  bill,  appoint,  with  the  advice  and  consent  of  the  senate, 
some  suitable  person,  who  shall  be  a  resident  and  citizen  of 
ofoafficeand  term  ^"S  state>  as  inspector,  at  a  salary  of  twelve  hundred  dollars 
ci\a'  'LVI'I  y  Per  Jear>  ^°  be  paid  monthly,  whose  term  of  office  shall  be 
for  three  years  ;  the  said  inspector  shall  be  empowered  to 
visit  and  inspect,  at  all  reasonable  hours,  and  as  often  as 
practicable,  the  factories,  workshops,  mines  and  other  estab- 
lishments in  the  state  where  the  manufacture  or  sale  of  any 
kind  of  goods  is  carried  on,  and  to  report  to  the  governor  of 
this  state  on  or  before  the  thirty-first  day  of  October  in  each 
year ;  it  shall  also  be  the  duty  of  said  inspector  to  enforce 
the  provisions  of  this  act,  and  prosecute  all  violations  of  the 
same  in  any  recorders'  courts  of  cities,  and  justices  of  the 
peace  or  other  courts  of  competent  jurisdiction  in  the  state. 
Expenses.  259.  All  necessary  expenses  incurred  by  said  inspector  in 

cW      '         the  discharge  of-  his  duty  shall   be   paid  from  the  funds  of 
the  state,  upon  the  presentation  of  proper  vouchers  of  the 
Proviso.  same ;  provided,  that   not   more  than  one  thousand  dollars 

shall  be  expended  by  him  in  any  one  year. 

Fines.  260.  All  fines  collected  under  this  act  shall  enure  to  the 

ciiap.'Lviu?.  benefit  of  the  school  fund  of  the  district  where  the  offense 
has  been  committed. 


SCHOOL  LAW.  93 


AGRICULTURAL  COLLEGE. 

261.  It  shall  be  the  duty  of  the  county  superintendent,  Appointment 01 

1  student  for 

at  such  time  and  place  as  the  state  superintendent  may  ap-  agricultural 
point,  to  examine  such   candidates  for  state  scholarships  at  Jn^' l86?> 
the  agricultural  college  as  may  present  themselves,  and  the  CLxxix,§27. 
candidates   shall    be  subjected  to  such  examination  as    the 
faculty  of  the  said  college  and  the  state  superintendent  shall 
prescribe;  and  the  candidates  who  shall  receive  certificates 
of  appointment  to  the  agricultural  college  in  any  one  county 
shall  be  those  who  obtain,  on  such  examination,  the  highest 
average  for  scholarship ;  and  the  number  of  certificates  thus 
granted  shall  in  no  case  exceed  the  number  of  state  scholar- 
ships to  which  such  county  is  entitled.* 

262.  In  order  that  students  in  all   schools  in  all  parts  of 
the  state  may  receive  the  stimulus  afforded   by  the  oppor- 
tunity  to  pursue  the  courses  of  study  in  the  state  agricultural  ® I- 
college,  and  in  order  to  enable  said  state  agricultural  college 

to  furnish  instruction  gratuitously  to  students,  residents  of 
this  state,  in  its  several  courses  of  study,  as  special  courses 
of  advanced  study  in  the  public  school  system  of  this  state, 
there  shall  be  sent  to  the  said  college  students  to  the  number 
of  one  each  year  from  each  assembly  district  of  this  state,  students  from 

•  '   each  assembly 

to  be  selected  and  designated  as  hereinafter  provided,  who  district 
shall  receive  gratuitous  instruction  in  any  or  all  of  the  pre- 
scribed branches  of  study  in  any  of  the  courses  of  study  of 
said  state  college,  under  the  general  powers  of  supervision 
arid  control  possessed  by  the  board  of  visitors  of  said  state 
college ;  said  students  so  received  shall  be  residents  of  this 
state  and  shall  be  admitted  into  said  state  college  upon  the 
terms  and  subject  to  the  rules  and  discipline  which  shall 
apply  to  all  the  free  students  of  said  state  college,  and  if 
there  should  be  more  than  one  suitably  prepared  applicant 
from  the  same  assembly  district  in  the  same  year,  such  addi- 
tional applicant  may,  in  the  discretion  of  the  board  of  visi-  students  may  be 

11  •>  7  received  on 

tors  of  the  said  state  agricultural  college,  be  received  upon  ^snt  scholar- 
any  vacant  scholarships  of  any  other  assembly  districts  until 

*  Each  county  is  entitled  to  as  many  students  as  it  has  representatives  in  the  Legislature. 
P.  L.  1864,  Chap.  CCCLXIX,  §  10. 


91 


SCHOOL  LAW. 


Examination  for 
scholarships. 
Ibid   §2. 


Certificates,  by 
whom  issued 


Students  ap- 
pointed to  hold 
state  scholar- 
ships. 
Ibid.  I  3. 


Appropriation 
from  income  of 
state  school  fund, 


such  district  shall  require  such  scholarships,  after  notice  has 
been  served  upon  the  superintendent  of  education  of  the 
county  in  which  such  vacant  assembly  districts  are  situated. 

263.  Said  students  shall  be  selected  as  follows :  a  com- 
petitive examination  under  the  direction  of  the  city  superin- 
tendents and  the  county  superintendent  of  education  in  each 
county,  shall  be  held  at  the  county    court    house    in  each 
county  of  the  state,   upon   the   first   Saturday   in    June  in 
each    year,  and  the    necessary    traveling    expenses  of  said 
examinere,  not  otherwise  provided  for  by  law,  on  the  ap- 
proval of  the  president  and  secretary  of  the  board  of  visitors 
of  said  state  agricultural  college,  shall  be  paid  by  said  state 
college;  students  who  apply  for  examination  shall  be  exam- 
ined upon  such  subjects  as  may  be  designated  by  the  faculty 
of  said  college,  and  the  state  board  of  education,  and  the 
said    city   and    county    superintendents  shall  report  to  the 
president  of  said  college  and    the  state   superintendent  of 
public  instruction  the  names  of  all  such  students  examined 
as  in  their  opinion  are  suitably  prepared   to  enter  said  col- 
lege, with  their  estimate  of  the  order  of  excellence  in  scholar- 
ship shown  by  said  students  at  such   preliminary  examina- 
tion;  certificates    of  appointment  to.  the  state    agricultural 
college  shall  be  issued  by  the  state  superintendent  of  public 
instruction  to  all  such  students  as  are  so  found  to  be  quali- 
fied to  enter  said  college,  and  in  case  the  vacant  scholarships 
shall  not  be  sufficient  to  receive  all  successful  candidates, 
preference    to    appointing  to    vacant    scholarships  shall   be 
given  to  successful  candidates  in  the  order  of  the  excellence 
of  their  examination  as  certified    by  said  superintendents, 
and  in  general  the  regulations  and  provisions  governing  the 
conduct  of  such  examinations  and  the  appointment  of  said 
students  to  scholarships  shall   be  subject  to  the  control  of 
said  board  of  visitors  of  eaid  college. 

264.  Each  student  so  appointed  and  admitted  to  said  col- 
lege shall  be  regarded  as  holding  a  state  scholarship,  and 
for  each  scholarship  so  held  there  shall  be  paid  as  herein- 
after provided,  on  the  first  day  of  November  in  each   year, 
to  the  treasurer  of  said  college,  the  same  sum  of  money  as 
^e  sai(]  college  is  entitled   to  receive  for  each   scholarship 


SCHOOL  LAW.  95 


established  in  said  college  under  the  existing  state  agricul- 
tural college  fund  ;  provided,  that  such   payment  shall  be  Provis° 
made  only  out  of  the  income  of  the  fund  for  the  support  of 
public  free  schools  remaining  after  appropriations  heretofore 
made  payable  out  of  said  income  are  met. 

265.  In  order  to  ascertain  the  number 'of  scholarships  for  President  of 
which  payment  shall  be  made  as  aforesaid,  the  president  of  number  of 
said  college  shall,  in   the  mouth  of  October,  in  each  year,  ibid.  §4! 
make  his  certificate  in  writing,  setting  forth  the  names  of  the 
students  so  as  aforesaid  appointed  and  then  in  attendance  at 
said  college,  the  assembly  districts  from   which  they  were 
appointed  and  the  classes  in  college  in  which  they  belong,  or 
the  special  courses  of  study  which  they  are  pursuing,  which 
certificate,  when  approved  by  the  president  of  the  board  of 
visitors  of  the  state  agricuctural  college,  shall  be  plenary 
evidence  of  the  number  of  scholarships  for  which  payment 
shall   be  made,  and  on  filing  the  same  with  the  comptroller  certificate  filed, 

n      .  I  i      1 1     i  i   •  n  w^b  state  comp- 

01  the  state  he  shall  draw  his  warrant  upon  the  treasurer  of  trailer. 
the  school  fund  for  the  sum  of  money  to  which  the  said  col- 
lege may  accordingly  be  entitled,  and  the  said  treasurer  shall 
thereupon  pay  the  same  as  aforesaid. 


GENERAL  LAWS  APPLYING  TO  ALL  CITIES.     . 

266.  In  any  city  in  this  state  where  the  board  of  educa-  Boards  of  educa- 

tion  in  certain 

tion  is  authorized  by  law  to  determine  the  amount  required  expeVdimr^Tin 
for  the  current  expenses  of  such  board,  without  the  concur-  pxc£SSi89oimit' 
rence  of  any  other  board,  it  shall  be  lawful  for  such  board  CLXXIX,§I. 
of  education   to  incur   expenditures  for  such    purposes   in 
excess  of  and  beyond  any  limit  now  fixed  by  law;  provided,  Proviso. 
that  such  expenditures  shall  not  exceed  in  any  one  year  the 
average  enrollment  of  pupils  in  the  public  schools  in  such 
city  during  the  next  preceding  year;  provided,  that  this  act  Proviso. 
shall  not  be  construed  so  as  to  decrease  the  limit  of  expen- 
diture for  the  purposes  aforesaid  in  any  city  where  by  pres- 
ent law  the  limit  is  more  than  fifteen  dollars  or  where  there 
is  no  limit. 

267.  It  shall  be  lawful  for  the  board  of  education  of  any 
city,  with  the  concurrence  of  the  board  of  aldermen  or  other 


96  SCHOOL  LAW. 


moneapfor°cPurrate  DO(ty  navillg  charge  of  the  finances  of  such  city,  to  appro- 
f07b$icp?ngss&c  Priate  and  expend  such   sum  and  sums  of  money  as  in  the 
judgment  of  such  boards  shall  be  needed  from  time  to  time 
for  the  current  expenses  of  the  public  schools  of  such  city, 
or  for  the  improving  or  increasing  the  school  accommoda- 
tions of  such   city.,  by  the  erection   or  alteration   of  school 
houses  or  otherwise,  in  excess  of  and  notwithstanding  any 
limitation  upon  any  such  expenditure  in  this  or  any  other 
law  of  this  state,  general,  special  or  local,  contained. 
Limit  of  expen-        268.  It  shall  be  lawful  for  any  city  in  this  state  to  raise 

cutures  in  cities.  .  J    .        J 

Ch^p'.l886>         by  taxation,  and  expend  for  the  purposes  of  current  expenses 

CLXXII,  §i.  Qf  tne  department  of  public  instruction  for  any  fiscal  year, 
an  amount  which,  together  with  the  state  appropriation  for 
schools,  shall  equal  fifteen  dollars  per  scholar  on  the  average 
number  reported  as  enrolled  in  the  public  schools  of  such 

Proviso.  city  in  the  last  preceding  year;  provided,  that  this  act  shall 

not  be  construed  so  as  to  decrease  the  limit  of  expenditure  for 
the  purposes  aforesaid  in  any  city  where  by  present  law  the 
limit  is  more  than  fifteen  dollars  or  where  there  is  no  limit. 

2j(£xfor  269.  The  municipal  board  in  any  city  authorized  to  deter- 

tha"xccxxn  minQ  annually  what  amount  of  tax  shall  be  required  for 
school  purposes,  shall  have  power  to  determine  an  amount 
not  to  exceed  one-half  of  one  per  cent,  of  the  taxable  valua- 
tion of  the  real  and  personal  property  in  any  city,  in  addi- 
tion to  the  state  school  tax  levied  for  that  year;  and  such 
amount  of  tax  so  determined  shall  be  assessed  and  collected 
at  the  same  time  and  in  the  same  manner  with  the  taxes  of 
the  city  assessed  and  collected  for  other  city  purposes ;  pro- 

Proviso.  vided,  that  this  act  shall  not  take  away  from  any  city  any 

power  now  existing  to  raise  a  larger  amount  of  taxes  for 

Proviso.  school  purposes  ;  and  further  provided,  that  this  act  shall 

not  take  effect  in  any  city  until  the  same  shall  have  been 
first  submitted  to  a  vote  of  the  qualified  voters  at  any  annual 
municipal  election,  and  shall  have  received  the  approval  of 
a  majority  of  those  voting  at  such  election. 

Repealer.  270.  All  special  charters  and  acts  limiting  the  amount  to 

be  raised  for  school  taxes  in  any  such  city,  and  all  other  acts 
or  parts  of  acts  inconsistent  herewith  be  and  the  same  are 
hereby  repealed. 


ibid.  '6  -z. 


SCHOOL  LAW.  97 


271.  The  amount  of  money  raised  in  any  one  year  by  tax  special  city 

•  J  J  .  J  school  tax  not  to 

in  any  city,  by  order  of  the  board  of  aldermen,  for  the  cur-  exceed  amount 

»  <f '      <f  received  from 

rent  expenses  of  public  schools,  shall  not  be  greater  than  the  patL%l878 
entire  amount  received  from  the  state  for  school  purposes  £xxxiv  §n. 
during  the   preceding  fiscal   year;  provided,   that  a  special  Proviso. 
additional    appropriation    may  be   made  at   any  time  by  a 
three-fourths    vote    of    all    the    members  of  the    board  of 
aldermen. 

272.  It  shall  be  lawful  for  any  board  of  education  of  any  Boards  of  edu- 

*     cation  may 

incorporated  city  of  this  state,  from  time  to  time,  to  modify  *rt2SoMPpro" 
the  several  appropriations  made  by  the  board,  to  be  expended  £{Jj  ^n 
under   the  direction  of  the  several  committees  during  any  &*• 
fiscal  year;  provided  however,  that  said   modifications  shall  Proviso 
not  authorize  any  expenditure  in  excess  of  the  sum  appro- 
priated for  the  current  expenses  of  the  department  of  public 
instruction  at  the  time  when  such  appropriation  shall  have 
been  originally  made. 

273.  The  amount  appropriated  by  the  board  of  aldermen  Appropriations 
i        i_   j       i         j       .  •  *Dr  current  ex~ 

or  other   body  charged    with    the  duty  of  making:  appro-  penses  not  to  be 

.  used  for  other 

priations  for  defraying  the  current  expenses  of  the  depart-  f^rdp<lsjs 
ment  of  public  instruction  in  any  city  of  this  state,  for  each 
successive  year,  shall  thereby  become  appropriated  to  defray 
such  current  expenses  and  shall  be  used   for  no  other  pur- 
pose whatever. 

274.  Whenever  it  has  become  or  may  become  necessary  cities  may  bor- 
in  any  of  the  cities  of  this  state  to  use  the  whole  or  any  part  ^0^0^™- 
of  the  appropriation  annually  made  by  the  state  for  the  sup-  pOIL,ryi889ns' 
port  of   public  schools    therein,   before  the  same  has  been  Lxfcai,fi. 
actually  paid  over  by  the  state  to  such  city,  it  shall  and  may 

be  lawful  for  such  city  to  borrow,  on  temporary  loans,  in 
anticipation  of  such  receipt,  the  whole  or  any  part  thereof;  [See sec. 3i9.] 
provided,  the  amount  so  borrowed  shall  not  exceed  in  any  Proviso. 
one  year  the  amount  so  apportioned. 

275.  It  shall  be  the  duty  of  such  city  to  pay  off  and  dis-  Payment  of 

*  temporary  loans. 

charge  all  such  loans  outstanding  when  such  money  so  antici-  Ibid -§2- 
pated  is  received. 

276.  Whenever,  in  the  opinion  of  the  board  of  education  moneys  may  be 

n  ....  »        i      11     i  used  f  °r  calendar 

or  any  city  in  this  state,  it  shall   become  necessary  for  the  year  instead  of 

school  year. 

proper  maintenance  and  continuance  of  the  schools  in  such 

§»• 
7 


98 


SCHOOL  LAW. 


Proviso. 


Purchase  sup- 
plies without 
advertising. 
P.  L. 1878, 
Chap 
LXXXVI.g  i. 


Proviso. 


Appropriations 
for  relief  and 
education  of 
indigent  children 
in  cities. 
P.  L. 1883. 
Chap.  CLXII, 


Proviso. 


Salary  of  piesi 
dent  of  boards 
of  education. 
P   L. 1880. 
Chap.  CCVII, 


Bonds  for 
school  houses  in 
cities  not  to  ex- 
ceed $50,000. 
P.  L.  1882, 
Chap.  CXIII, 


city,  to  use  and  expend  the  money  appropriated  by  the  state 
for  school  purposes,  it  shall  be  lawful  for  the  said  board  to 
use  and  expend  the  same  at  any  time  during  the  calendar 
year,  and  without  regard  to  the  state  school  year;  provided, 
that  the  said  board  shall  not  use  or  expend  the  same  for 
any  purpose  inconsistent  with  or  other  than  those  specified 
in  the  act  to  which  this  is  a  supplement. 

277.  Boards  of  education   now  prohibited   by  law  from 
purchasing  any  article  necessary  for  the  schools  under  their 
control  without  advertising  for  the  same,  are  hereby  author- 
ized   to    purchase,  without    advertising,  to    the    extent   of 
twenty-five  dollars  for  any  one  article ;  provided)  the  same 
be  sanctioned  by  a  majority  of  tbe  board. 

278.  In  addition  to  its  yearly  appropriations  for  school 
purposes,  it  shall  be  lawful  for  the  body  having  control  of  the 
finances  of  any  city  in   this  state  to  raise,  in   its  annual  tax 
levy,  a  sum  of  money  not  exceeding  one  thousand  dollars, 
which,  together    with    any  moneys    obtained    therefor   by 
voluntary  contributions,  shall  be  expended    for  the    relief 
and    primary    education    of    such    indigent,    homeless    or 
deserted   children    of  said    cities,   by   reason  of  their   age, 
their  inability  to  obtain  suitable  clothing,   their   necessary 
occupations  or  otherwise,  are  unable  to  attend  the  public 
schools ;  provided,  however,  that  the  moneys  thus  appropri- 
ated shall  be  expended  under  the  direction  of  the  mayor  of 
said  city. 

279.  In  cities  of  this  state  where  the  office  of  president 
of  the  board  of  education,  or  board  of  directors  of  educa- 
tion, exists  or  is  created  by  any  general  or  special  law,  such 
president  shall  hereafter  receive  no  salary  or  compensation 
whatever   for    performing    the   duties   of   such    office,    but 
nothing  herein  contained  shall  be  deemed  or  taken  to  aifect 
or  take  away  the  salary  of  the  present  incumbent  of  any 
such  office. 

280.  It  shall  and  may  be  lawful  for  any  city  in  this  state, 
from  time  to  time,  to  purchase  lands  for  the  purpose  of  erect- 
ing school  houses  thereon,  and  to  raise  the  money  required 
for  such  purpose  by  loan  on  the  credit  of  such  city  ;  provided, 
that  the  total  amount  of  bonds  outstanding  and   unpaid, 


SCHOOL  LAW.  99 


issued  for  such  purpose,  shall  not  exceed  at  any  one  time 
the  sum  of  fifty  thousand  dollars;  and  further,  that  said 
bonds  shall  not  bear  more  than  the  legal  rate  of  interest, 
and  said  bonds  shall  not  be  sold  at  'less  than  par  value. 

281.  All  such  loans  shall  be  authorized  by  an  ordinance  T 
of  the  common  council  or  board  of  aldermen  of  such  city,  5b! 


common  council. 


id.    "6   2. 


which  ordinance  shall  distinctly  specify  and  provide  the 
ways  and  means,  exclusive  of  loans,  to  pay  the  principal  of 
said  loans  and  the  interest  on  the  same  annually,  and  also 
the  time  within  which  the  said  bonds  shall  be  paid,  which 
ordinance  shall  be  irrepealable  until  such  debt  is  paid. 

282.  When,  in  any  city  of  this  state,  loans  have  hereto-  Bonds  already 

'*  issued  to  be 

fore  been   made  for  the  purpose  of  purchasing  lands  and  included  in  the 

amount  author- 

erecting  school  houses  thereon,  and  the  bonds  issued  for  such  j^  b«y  this  act' 
purpose  are  still  outstanding  and  unpaid,  the  amount  of  the 
bonds  so  issued  shall  be  included  within  the  amount  author- 
ized to  be  issued  by  this  act,  and  nothing  in  this  act  shall  be 
taken  or  construed  as  authorizing  the  issuing  of  bonds  to  a 
greater  amount,  at  any  one  time,  than  the  sum  of  fifty  thous- 
and dollars,  for  the  purposes  aforesaid. 

283.  It  shall  be  lawful  for  the  corporate  authorities  of  School  houses 

.1...  /..i.  iii  ir»i  authorized  to  be 

the  cities  of  this  state,  upon  request  by  the  board  of  educa-  huiit. 
tion  or  other  body  having  the  charge  of  the  public  schools  chap1 
in   such    city,   to    purchase  lands  and   erect   school    houses 
thereon,  and  to  furnish  the  same,  from  time  to  time,  as  the 
increase  of  population  in  any  such  city  may  demand  ;  pro-  Proviso. 
videdy  however,  that  the  expense  incurred  in  any  one  instance 
shall  not  exceed  forty  thousand  dollars;  provided,  further,  Proviso. 
that  where  the  charter  of  any  city,  or  any  supplement  or 
supplements  thereto  provides  a  limit  of  annual  expenditure 
for   permanent   improvements,    nothing    in    this   act   shall 
authorize  expenditure  in  excess  of  such  limit. 

284.  To  raise  the  fund  for  the   purposes  aforesaid    the  Loans  to  be 

...  _  .  paid  in  three 

corporate  authorities  of  such  city  shall  have  power  to  raise  installments. 
money  by  temporary  loans  for  a  term  not  exceeding  three 
years,  and  to  meet  such  loan  they  shall  include  in  the  next 
annual  tax  levy  one-third,  at  least,  of  the  amount  of  such 
temporary  loan,  with  interest  thereon,  and  in  the  second 
succeeding  annual  tax  levy  they  shall  include  at  least  one- 


100 


SCHOOL  LAW. 


Proviso. 


Loans  taken  by 

sinking  fund. 

ibid  §4 


Mortgage  jchooj 
pbL°i8s"ses 


third  of  such  amount,  with  interest  thereon,  and  in  the 
third  succeeding  tax  levy  they  shall  raise  any  balance  un- 
paid, with  interest;  and  as  fast  as  such  moneys  shall  come 
into  the  treasury  of  such  city  they  shall  be  applied  to  pay 
such  temporary  loan  ;  and  such  loan  shall  be  so  obtained 
that  it  can  be  paid  by  installments,  with  interest,  semi- 
annually. 

285.  To  secure  such  temporary  loan  the  corporate  authori- 
ties  may  authorize   the  issue  of  temporary  loan  bonds  or 
scrip,  which  shall  bear  such  interest  as  may  be  agreed  upon, 
not  exceeding  the  legal  rate,  to  an  amount  not  exceeding 
the  expenditure  to  be  incurred   in  any  one  instance  ;  pro- 
vided, however,  that   no   bonds  shall   be  issued   in  excess  of 
ten  per  centum  of  the  assessed  valuation  of  such  city. 

286.  Such   temporary  bonds  or  scrip   mav  be  taken   for 
the  sinking  fund  of  any  such  city,  if  the  authorities  having 
charge  of  such   sinking  fund  shall   so   elect,   and    if  such 
bonds  can  be  so  taken  it  shall  be  the  duty  of  such  authori- 
ties to  so  take  them,  and   the   money  raised   by  taxation  for 
payment  of  the  principal  and   interest  shall  then  be  paid 
into  the  sinking  fund. 

287.  If,  in  the  judgment  of  any  board  of  education  of  any 
c^y  i"  tnis  8tate»  or  other  body  having  control  of  the  public 
schools   in  any  city  of  this  state,  it  shall   at  any  time   be 
deemed  necessary  and  expedient  to  provide  additional  school 
accommodations  in  such  city  for  the  benefit  of  those  entitled 
to  attend   the  public  schools  in  such  city,  it  shall  be  lawful 
for  the  mayor  and  common  council  or  other  governing  body 
in  such  city  to  authorize  money  to  be  borrowed  for  the  pur- 
pose of  purchasing  land  and  the  erection  of  suitable  school 
buildings  and  providing  such  school  buildings  with  suitable 
school  appliances  and  conveniences  and  to  secure  the  pay- 
ment of  the  money  borrowed  as  aforesaid  by  mortgage  bear- 
ing annual  interest  at  a  per  cent,  not  greater  than  the  legal 
rate  on  the  land  purchased  and  the  building  or  buildings  to 
be  erected  thereon  in  pursuance  of  this  act  ;  or  if  the  city 
own  suitable  land,  rendering  a  purchase  of  land  unnecessary, 
on  such  laud  and  the  building  or  buildings  to  be  erected 
thereon  ;    and  in  case  the    title  to  lauds    on  which   public 


SCHOOL  LAW.  101 


school  buildings  are  now  erected  in  any  city  is  vested  by 
law  in  a  board  of  education  or  other  body  having  control  of 
the  public  schools  in  such  city,  such  board  of  education  or 
otl.er  body  having  the  control  of  public  schools  in  such  city, 
and  not  the  mayor  and  common  council  or  other  governing 
body  of  such  city,  shall  have  the  power  to  borrow  money  as 
aforesaid,  and  to  secure  the  payment  of  the  same  by  mort- 
gage as  aforesaid  ;  provided,  that  not  more  than  one  school  Proviso 
building,  with  the  necessary  appliances  and  conveniences, 
shall  be  authorized  to  be  erected  in  any  city  in  any  one  year 
in  pursuance  of  the  powers  conferred  by  this  act. 

288.  Any  mortgage  to  be  given  in  pursuance  of  this  act 
shall  be  payable  in  less  than  ten  years  from  the  time  of  >'^Jsg2 
giving  the  same  except  at  the  option  of  the  city,  board  of 
education,  or  other  body  giving  the  same,  who  are  author- 
ized to  renew  such  mortgage;  and  money  to  pay  the  annual 
interest  accruing  on  any  such  mortgage  shall  be  raised  in  the 
same  manner  as  the  money  to  pay  the  current  expenses  of 
the  public  schools  is  raised  in  any  city  in  which  the  property 
on  such  mortgage  shall  be  given  is  situate  ;  any  money  may 
be  raised  for  a  sinking  fund  to  pay  such  mortgage  in  the 
same  manner;  provided,  however,  that  nothing  in  this  act  Proviso. 
shall  be  held  to  permit  the  authorities  of  any  city  in  this 
state  to  exceed  any  limit  of  expenditures  for  such  purposes 
now  fixed  by  any  city  charter  or  any  supplement  thereto, 
nor  to  exceed  the  limit  of  indebtedness  fixed  by  any  such 
charter. 

289    That  the  common  council  or   other  legislative   body  cities  may  bor- 

*     row  money  to 

or   any   city  of  this  state  shall  have  oower  to  borrow  any  <••«<* school 

J    houses. 

sum  or  sums  of  money,  not  exceeding  in  the  aggregate  the  <^' cxxxv 

sum  of  thirty  thousand  dollars,  to  be  used  for  the  purchase  !'-• 

of   land  and   the  erection,  furnishing    and   fitting  up  of  a 

building  or   buildings  for    public  school    purposes   in   said 

city  ;  and  that  the  said  common  council  or  other  legislative 

body  of  said  city  may  secure  the  repayment  of  the  said  sum 

or  sums  so  borrowed,  together  with  interest  thereon  at  a  rate 

not  to  exceed  five   per  centum  per  annum,  in  such  manner 

and  upon  such  terms  as  to  the  said  common  council  or  other 

legislative  body  may  seem  proper,  by  the  issuing  of  bonds  issue  bonds 


102  SCHOOL  LAW. 


in  the  corporate  name  of  said  city,  to  be  signed  by  the  mayor 
or  other  chief  executive  officer  of  said  city  and  countersigned 
by  the  city  clerk  or  other  person  performing  the  duties  of 
recording  officer  for  the  said  common  council  or  other  legis- 
lative body,  as  the  case  may  be,  and  sealed  with  the  common 

proviso.  seal  of  said  city;  provided,  that  in  cities  having  a  board  of 

education  or  other  board  having  control  of  the  public  schools 
than  the  common  council,  the  purchase  of  land,  erection, 
furnishing  and  fitting  up  of  a  school  house  or  school  houses 
with  the  money  so  borrowed  shall  be  made  in  the  same 
manner  as  heretofore  provided  by  law  for  the  city  borrow- 
ing money  by  virtue  of  this  act. 

Boards  of  educa-       290.  It  shall  not  be  lawful  for  any  board  of  education  in 

tion  not  to  bor- 
row without  con-  any  cjty  of  this  state  to  borrow  money,  issue  bonds  or  incur 

sent  of  governing          •/  <i  j  ' 

k°dy°fgc*y        indebtedness  in  excess  of  five  thousand  dollars  for  the  pur- 

cccxxiv  i  i  Pose  °f  purchasing  lands  or  erecting  any  school  building, 
without  the  concurrence  and  approval  first  obtained  of  the 
common  council,  board  of  aldermen  or  other  governing  body 

Proviso.  of  said  city,  provided,  however,  that  the  provisions  of  this 

act  shall  not  apply  to  any  school  district  wherein  moneys  for 
school  purposes  are  raised  at  an  annual  meeting  of  the  voters 

Proviso.  thereof.  And,  provided,  further,  that  this  act  shall  not 

apply  to  or  affect  any  board  of  education  the  boundary  lines 
of  whose  school  district  extend  beyond  the  boundary  lines 
of  the  town  or  city  in  which  the  school  houses  are  located, 
into  any  adjoining  township  outside  of  the  limits  of  such 
town  or  city. 

FIRST  CLASS  CITIES. 
Common  council       291.  It  shall  be  lawful  for  the  common  council  or  other 

in  cities  of  the  m  .  .  .  /«  i  /»      i   • 

first  class  may     orovermne:  body  in  any  city  of  the  first  class  of  this  state  to 

provide  manner      '  J 

teaSers8  provide    by  ordinance  for  the  manner  in  which  payments 

PL.  1803          suaii  be  macle  tc  teachers  of  the  public  schools  in  such  cities, 

Chap.  X,  g  j. 

and  for  the  form  and  manner  in  which  warrants  upon  the 
public  treasury  of  any  such  city  shall  be  drawn  and  signed 
for  this  purpose  ;  and  all  payments  and  disbursements  made, 
and  all  warrants  drawn  in  accordance  with  the  terms  of  an  ordi- 
nance duly  passed  for  that  purpose,  in  any  such  city  shall 
be  deemed  and  taken  to  be  in  all  respects  regular  and  lawful. 


SCHOOL  LAW.  103 


292.  All  moneys  received  from  any  source  by  municipal 

boards  or  departments  established  in  cities  of  the  first  class  ^J^  of  all 
in  this  state  shall  be  paid  by  such  boards  or  departments   to 
the  treasurer  or  other  person  charged  with  the  custody  of  the 
funds  of  such  city.     And  where  the  power  to  borrow  money  ^ap  c 
in  anticipation  of  estimated  receipts  has  heretofore  been  vested 

,      11    •  j    .       1  i         Common  council 

in  any  board  in  such  city  such  power  shall  be  and  is  hereby  Oniybody 

.  ,  .1    authorized  to 

transferred  to  and  vested  in  the  mayor  and  common  council  borrow. 
or  other  body  having  control  of  the  finances  of  such  city. 

293.  All   moneys   expended    by  such   boards  or  depart- 
ments  shall  be  by  warrant  on  the  treasurer  or  other  persons 
charged  with  the  custody  of  the  funds  of  such  city  issued,  Ibid>  8 
countersigned  and  audited  as  warrants  of  the  board  of  police 

and  fire  commissioners  in  such  cities  are  now  required  to  be 
issued,  countersigned  and  audited. 

294.  The    board    of  education,  or   other   board    having 

charge  of  the  public  school  department  in  cities  of  the  first  £!«  entire**1 
class  in  this  state,  shall  have  the  entire  control  and  manage-  s3S  buildings. 
ment  of  the  buildings  owned   or  leased  by  such  city   and  chap.'ccxcn, 
used  in  connection  with  the  school  department  thereof;  that 
such  board  shall  keep  and  maintain  all  the  buildings  of  said 
department  in  good  order  and  repair,  and  make  such  altera- 
tions and  additions  thereto  as  may  be  necessary  from  time  to 
time  ;  that  said  board  of  education   shall  also   be   charged 
with  the  duty  of  furnishing  and  refurnishing  said   school 
buildings. 

.  295.  All  unexpended  appropriations  heretofore  made  to 
any  other  board  or  department  in  said  city  for  the  alteration, 
addition,  furnishing  or  repair  or  any  of  them,  of  such  school 
buildings,  shall  forthwith  be  transferred  upon  the  books  of 
the  city  to  the  credit  of  said  board  of  education. 

296.  Nothing  in  this  act  contained  shall   affect  existing 
contracts  made  by  such  city  for  the  repair  of  buildings  for  Affected  by  this 
school  purposes,  and  that  the  expenditures  by  said  board  of  Ibld-  §  3- 
education  for  any  purpose   herein  authorized  shall  comply 

with  the  provisions  of  law  now  or  hereafter   in  lorce   fixing 
and  limiting  appropriations  and  their  disposition. 

297.  All  laws  now  in  force  in  such  city  relative  to  the 


alteration,  addition,  furnishing  and   repair  of  public  school  bionrd° 

Ibid.  2  4. 


104  SCHOOL  LAW. 


buildings    therein   shall  apply  to  and   bind   said  board  of 
education. 
rst        298-  The  corporate  authorities  of  the  cities  of  the  first 

Sndsandperectase  class  of  this  state>  uPon  request  by  the  board  of  education  or 

phL0i8804U,seS      other  bodJ  having  the  charge  of  the  public  schools  in  such 

Ix'  city  of  the  first  class,  shall  purchase  lands  and  shall  erect 

school  houses  thereon,  and  shall  furnish  the  same  from  time 

to  time,  as  the  increase  of  population  in  any  part  of  such 

city  of  the  first  class  having  the  least  school  accommodations 

Proviso.  may  demand  ;  provided,  however,  that  the  expenses  incurred 

in  each  year  shall  not  exceed  forty  thousand  dollars ;  and 

Proviso.  provided  further,  that  such  expenditures  shall  be  concurred 

in  by  the  city  board  authorized  by  law  to  make  appropria- 
tions for  the  expenses  of  the  city  government. 

May  raise  funds        299.  To  raise  the  funds  for  the  purpose  aforesaid,  the  cor- 

for  building 

school  houses  by  pOrate  authorities  of  such  city  of  the  first  class  shall  have 

temporary  loans,    r  * 

power  to  raise  money  by  temporary  loans  for  a  term  not  ex- 
ceeding three  years,  and  to  meet  such  loan  they  shall  include 
in  the  next  annual  tax  levy  one-third  at  least  of  the  amount 
of  such  temporary  loan,  with  interest  thereon,  and  in  the 
second  succeeding  annual  tax  levy  they  shall  include  at  least 
one-third  of  such  amount  with  interest  thereon,  and  in  the 
third  succeeding  tax  levy  they  shall  raise  any  balance  unpaid 
with  interest,  and  as  fast  as  such  moneys  shall  come  into  the 
treasury  of  such  city  of  the  first  class,  they  shall  be  applied 
to  pay  such  temporary  loan,  and  such  loan  shall  be  so  ob- 
tained that  it  can  be  paid  by  installments  with  interest  pay- 
able semi-annually. 

OT*cripS?oesbe°cure       300.  To  secure  such  temporary  loan,  the  corporate  author- 

ibSd!§3.  ities  may  authorize  the  issue  of  temporary  loan   bonds  or 

scrip,  which  shall  bear  such  interest  as  may  be  agreed  upon, 

not  exceeding  the  legal  rate,  to  an  amount  not  exceeding  the 

expenditure  to  be  incurred  in  each  year. 

city  sinking  301.  Such  temporary  loan  bonds  or  scrip  may  betaken 

fund  may  invest  .  _  _'  ,  •/•     U 

in  bonds.  for  the  sinking  fund  of  any  such  city  of  the  first  class,  it  the 

authorities  having  charge  of  such  sinking  fund  shall  so  select, 
and  if  such  bonds  can  be  so  taken,  it  shall  be  the  duty  of 
such  authorities  to  so  take  them,  and  the  money  raised  by 


SCHOOL  LAW.  105 


taxation,  for  the  payment  of  the  principal  and  interest,  shall 
then  be  paid  into  the  sinking  fund. 

SECOND  CLASS  CITIES. 

302.  There  shall  be  established  in  every  city  of  the  second 
class  of  this  state,  whose  population  now  exceeds  or  may 
hereafter  exceed  fifty  thousand,  a  board  of  education,  which 
shall  be  composed  of  and  managed  and  controlled  by  eight 
commissioners,  to  be  known  as  commissioners  of  public  in-  ^ap 
struction,  and  not  more  than  one-half  of  the  said  commis- 
sioners shall  be  of  the  same  political  party ;  the  said  com- 
missioners shall  be  appointed  by  the  mayor  of  such  cities  for 

the  term   of  two  years ;  not  more  than   one  commissioner 
shall  be  appointed  from  the  same  ward,  except  in  such  cities 
where  there  are  less  than  eight  wards;  the  first  appointment  Term. 
of  commissioners  shall  be  four  for  one  year,  and  the  remain- 
der of  the  board  for  two  years,  so  that  they  shall  be  divided 
into  classes,  one  class  going  out  each  year ;  and  thereafter 
there  shall  be  appointed  every  year  an  equal  number  to  fill 
the  places  of  those  whose  terms  expire  in  that  year,  and  in 
case  of  a  vacancy  in  any  such  office  the  appointment  to  fill 
the  same  shall  be  for  the  uuexpired  term  only  and  shall  be 
made  by  the  mayor;  and  the  mayor  of  such  cities  shall  be  Mayor  is,  ex- 
a  member  ex-officio  of  said   board  and  shall  be  entitled  to  member 
vote  therein  in  case  of  a  tie ;  the  said  commissioners  appointed 
under  this  act  shall  perform  their  duties  without  pay. 

303.  The  commissioners  of  public  instruction  appointed  Powers  and 
under  this  act  shall  be  and  they  are  hereby  invested  with  md.  i  a. 
and  shall  posses  and  exercise  all  the  same  powers  which  by  [Seesec.  315.) 
law  are  now  vested   in  and  exercised  by  the  department  of 

public  instruction,  boards  of  education,  school  trustees,  com- 
missioners of  public  instruction,  or  other  such  body,  by  what- 
ever name  called,  having  the  management  and  control  of  the 
public  schools  in  any  such  cities  of  the  second  clat-s  in  this 
state,  and  the  said  commissioners  shall  perform  the  same 
duties  now  required  of  or  imposed  by  law  upon  any  such 
department,  boards,  trustees  or  commissioners  in  any  such 
cities;  they  shall  also  adopt  such  rules  and  regulations  as  to 


106 


SCHOOL  LAW. 


Proviso. 


Oath  of  com- 
missioners. 

Ibid,  g  3. 


Time  of  organi- 
zation of  com- 
mission. 


Former  boards 
abolished. 
Ibid,  g  4- 


Governing  body 
of  city  to  pro- 
vide rooms,  etc. 
Ibid.  I  5. 


the  appointment,  control,  duties,  dismissals  and  salaries  of 
their  officers,  teachers  or  other  employees  as  to  them  shall 
seem  expedient,  and  may  alter  the  same  at  pleasure,  except, 
where  the  term  of  office  or  salaries  of  such  officers  or  em- 
ployees is  now  fixed  by  law ;  no  such  officer  or  employee 
shall  be  a  member  of  such  commission;  and  the  salaries  of 
the  officers,  teachers  and  other  employees  of  such  board,  and 
all  other  moneys  necessary  for  the  use  of  said  board,  shall 
be  obtained  and  paid  in  the  same  manner  as  is  now  provided 
by  law  in  any  such  cities ;  provided,  that  none  of  the  powers 
and  privileges  conferred  in  this  act  shall  be  so  exercised  as 
to  nullify  or  conflict  with  the  rules  and  regulations  of  the 
state  board  of  education. 

304.  The  said  commissioners  of  public  instruction,  ap- 
pointed under  this  act,  shall  take  or  subscribe  an  oath  or 
affirmation   before  th^  police  justice  of  such  cities  or  any 
other  officer  qualified  to  administer  oaths,  faithfully  and  im- 
partially to  perform   the  duties  of  such  office,  and  on  the 
third  Monday  in  April  next  after  this  act  takes  effect,  at  ten 
o'clock  in  the  forenoon,  and  annually  thereafter,  shall  pro- 
ceed to  organize  said  board  by  the  election  of  one  of  the  said 
commissioners  as  president  for  the  term  of  one  year. 

305.  The  said  commissioners  of  public  instruction  hereby 
established  in  such  cities  of  the  second  class,  shall  be  in- 
stead, and  shall  take  the  place  of,  and  be  in  lieu  of,  any  and 
all  other  boards  of  education,  departments  of  public  instruc- 
tion, commissioners    of   public   instruction,   school  trustees, 
or    by   whatever    name   such    offices,    officers,    departments 
or  boards  may  be  called  in  such  cities,  and  the  offices  and 
terms  of  office  of  any  and  all  other  commissioners  of  public 
instruction,    school    trustees,    or    boards    of   education,    or 
departments  of    public  instruction,  except  those  appointed 
and  recognized  by  this  act,  shall   be  and  they  are  hereby 
abolished,  terminated  and  ended  at  ten  o'clock  iu  the  fore- 
noon on  the  third  Monday  in  April  next  after  this  act  takes 
effect. 

306.  The  board  of  aldermen,   common  council  or  other 
governing  body,   by  whatever  name  called  in  such  cities, 
where   the   said    commissioners    of    public    instruction    are 


SCHOOL  LAW.  107 


appointed  under  this  act,  shall  provide  suitable  rooms  for 
the  transaction  of  the  business  of  the  said  board  of  educa- 
tion and  shall  procure  suitable  furniture  therefor. 

307.  The  corporate  name  of  such  commission  shall   be  fb°j|f 7Jte name 
known  as   "  The  Commissioners  of   Public  Instruction   of 

the  City  of  (here  insert  the  name  of  the  city)." 

308.  Any  board  of  education  of  cities  of  the  second  class  Superintendents 

*  m  cities  of  the 

in  this  state  shall  have  power  to  appoint  a  person  of  suitable  second  class. 
attainments  to  be  city  superintendent  of  schools,  define  his  cW-XXVi, 
duties  and  fix  his  term  of  office,  not  to  exceed   three  years,  L'Seesec .  3o3.] 
and  his  compensation,  which  shall   not   be  changed  during 
his  term  of  office. 

309.  The  city  superintendent  of  schools  shall  hold  office  7be^mg°2foffice 
for  the  said  term  and  until  his  successor  is  appointed,  subject 

to  removal  by  the  board  of  education  on  complaint  for 
cause  stated. 

310.  It  shall   and    may  be   lawful    for  any  city  of   the 
second   class   in   this  state,  from  time  to  time,  to  purchase 
lands  for  school  purposes  and  to  erect  school  houses  thereon 

and  to  raise  the  money  required  for  such  purposes  on  the  cxx'xvn, 
credit  of  the  city  by  the  sale  of  its  bonds ;  provided,  that  liviso. 
the  total  amount  of  outstanding  and   unpaid   bonds  issued 
by  any  such  city  for  school   purposes,  under  any  general, 
public,  special  or   local  law  or  laws  whatever,  shall  not  at 
any  one  time  exceed  the  sum  of  fifteen  dollars  for  each  child 
between  five  and  eighteen  years  of  age  within  such  city,  as 
shown  by  the  last  school  census  of  such  city. 

311.  Said  bonds  shall  bear  interest  at  a  rate  not  exceed-  Rate  of  interest. 

Ibid,  g  2 

ing  five  per  centum  per  annum,  shall  not  be  sold  below 
their  par  value,  and  shall  be  made  payable  in  not  more  than 
twenty  years. 

312.  Before  any  moneys  shall   be   raised  under  the  pro-  SSSSffS 
visions  of  this  act,  authority  therefor  shall  be  given  by  an  jsbs^e  gf3bonds- 
ordinance  of  the  common  council,  board  of  aldermen   or 

other  governing  body  of  the  city  desiring  to  raise  moneys 
for  the  purposes  aforesaid,  which  shall  distinctly  specify  and 
provide  the  ways  and  means  of  paying  the  principal  of  said 
bonds  and  the  interest  thereon,  and  also  the  time  within 


108  SCHOOL  LAW. 


which  said    principal   shall  be   paid   and  when   the  interest 
thereon  shall  be  paid. 
cities  of  the  313.  Hereafter  it  shall  be  lawful  for  the  common  council, 

second  class  •       .     i      /»       •§  i  «I-IP  •/• 

may  issue  bonds  board  of   aldeimen  or  other  governing  body  of   any  city  or 

to  reconstruct  *  *  * 

school  houses,      the  second  class  in  this  state  in  which  a  public  school  house 

P.  L.  1891, 

chap,  cxcix,  shall  be  in  a  dilapidated,  unsanitary,  unsafe  or  unsatisfactory 
condition  for  school  purposes,  to  purchase  additional  ground, 
either  adjoining  such  school  house  or  elsewhere,  as  may 
seem  best  for  school  purposes,  and  reconstruct  such  .school 
house  on  a  larger  scale  and  with  better  and  more  modern 
appointments,  at  an  expense  not  to  exceed  one  hundred 
thousand  dollars. 

Bonds  not  to  ex-      314.  For  the  purposes  aforesaid,  it  shall  be   lawful   for 

ib?d.  1™'°°  said  common  council,  board  of  aldermen  or  other  governing 
body  to  issue  bonds  of  such  city  for  the  payment  of  such 
expenditure,  not  to  exceed  the  said  sum  of  one  hundred 
thousand  dollars,  payable  in  not  less  than  twenty  years,  at 
a  rate  not  to  exceed  five  per  centum,  pledging  the  faith  and 
credit  of  such  city  for  the  payment  thereof,  which  bonds  shall 
be  sold  to  the  highest  bidder,  after  having  first  advertised 
the  same  for  sale  in  two  newspapers  of  the  county  for  at 
least  two  weeks. 

cities  of  the  315.  The  common  council  or  other  legislative  body  of  any 

second  class  may      <  /»      i  i    '   i  c      i  • 

borrow  to  erect    city  of  the  second   class  of   this  state  shall   have  power  to 

school  houses. 

cii^  'CX'LV      Dorrow  anv.  sum  or  sums  of  money,  not  exceeding  in  the 
§x-  aggregate  the  sum  of  fifty  thousand   dollars,  to  be  used  for 

the  purchase  of  lands  and  the  erecting,  furnishing  and  fitting 
up  of  a  building  or  buildings  for  public  school  purposes  in 
said  city  ;  and  that  the  said  common  council  or  other  legis- 
lative body  of  said  city  may  secure  the  repayment  of  the 
said  sum  or  sums  so  borrowed,  together  with  interest  thereon 
'  at  a  rate  not  to  exceed  five  per  centum  per  annum,  in  such 
manner  and  upon  such  terms  as  to  the  said  common  council 
or  other  legislative  body  may  seem  proper,  by  the  issuing  of 
bonds  in  the  corporate  name  of  said  city,  to  be  signed  by 
the  mayor  or  other  chief  executive  officer  of  said  city  and 
countersigned  by  the  city  clerk  or  other  person  performing 
the  duties  of  recording  officer  for  the  said  common  council 
or  other  legislative  body,  as  the  case  may  be,  and  sealed  with 


SCHOOL  LAW.  109 


the  common  seal  of  said  city;  provided,  that  in  cities  having  Proviso 
a  board  of  education  or  other  board  having  control  of  the 
public  schools  than  the  common  council,  the  purchase  of 
laud,  erecting,  furnishing  and  fitting  up  of  a  school  house 
or  school  houses  with  the  money  so  borrowed  shall  be  made 
in  the  same  manner  as  heretofore  provided  by  law  for  the 
city  borrowing  money  by  virtue  of  this  act. 

316.  It  shall  be  lawful   for  the  commissioners  of  public  Board  may 

provide  by  reso- 

instruction    or   other    body    having   the   control    of  public  lutionmanner  o 

payment  to 

schools  in  any  city  of  the  second-class  of  this  state,  to   pro-  jTf!1^. 
vide  by  resolution  for  the  manner  in  which  payments  shall  ^ap<  CCXL' 
be  made  to  teachers  of  the  public  schools  in  such  cities,  and 
receipts    taken    therefor;    and   all   payments   made  and  re- 
ceipts taken  therefor  by   the  city   treasurer,  in   the   manner 
prescribed  by  such  resolution  or  resolutions,.sha]l  release  and 
discharge  the  treasurer  of  any  city  from  all  further   liability 
and  responsibility  on  account  thereof,  and   shall  be  deemed 
and  taken  to  be  in  all  respects  regular  and  lawful. 


THIRD  CLASS  CITIES. 

317.  In  all  cities  of  the  third  class  the  term   of  office  of  Term  of  office  of 

members  of 

members  of  the  board  of  education   shall   be  for  as  many  boards  of  educa- 

'     tion  in  cities  of 

years  as   there  are  members  of  such    board    of  education  'p^gj*- 
elected  from  each  ward  ;  and  that  at  each  annual  municipal  ^W-  XXXI- 
election  after  the  next  succeeding  election  each   ward  shall 
elect  one  member  of  such  board  of  education. 

318.  At  the  next  succeeding  municipal  election  the  mem-  Sha11  .divide 

0  L  into  classes. 

bers  of  the  board  of  education  shall  be  elected  as  heretofore,  Ibid  % 
and  at  the  first  meeting  of  such  board  of  education  then 
elected,  the  members  from  each  ward  shall,  by  lot,  divide 
themselves  iato  classes,  so  that  the  term  of  office  of  one 
member  from  each  ward  shall  expire  in  each  succeeding 
year. 

TOWNSHIPS,  TOWNS,  BOROUGHS  AND  SPECIAL 
CHARTERS. 

319.  The  board  of  education,  board  of  school  trustees  or 
other  body  having  charge  and  control  of  the  public  schools 


110  SCHOOL  LAW. 


incorporated       jn  ally  school  district  in   this  state,  acting  under  a  special 

places  may  bor-  J 

row  to Pay          charter  or  under  the  provisions  contained  in  the  charter  of 

teachers 

?ILi?te4  anv  c'ty>  town,  borough  or  other  municipality,  may  in  any 
Chap  ccxxx,  year  borrow  a  sum  of  money  not  exceeding  four-tenths  of 
the  amount  apportioned  to  such  district  from  the  state  school 
moneys  for  such  year  for  the  purpose  of  paying  teachers' 
salaries  falling  due  within  said  year;  and  that  the  said  dis- 
trict may  pay  the  amount  so  borrowed,  together  with  interest 
thereon  at  a  rate  not  exceeding  six  per  centum  per  annum, 
out  of  the  state  school  moneys  apportioned  to  said  district 
for  the  then  current  school  year  as  soon  as  the  same  have 
been  received  by  the  city  treasurer  or  other  person  designated 
by  law  as  the  custodian  of  the  school  moneys  belonging  to 
such  district. 
District  acting  320.  Any  school  district  in  this  state  acting  under  a  special 

under  special  .  . 

charter  may  bor-  charter,  and  which  has  no  power  under  such  charter  to  issue 

row,  although  '  *• 

bonds  for  the  purpose  of  purchasing  land  for  school  purposes, 
or  ^or  ^ie  erec^on  or  enlargment  of  a  school  house  or  school 
houses,  may  issue  bonds  for  such  purpose  or  purposes  in  the 
manner  provided  for  the  issuing  of  bonds  by  districts  organ- 
ized under  the  provisions  of  the  act  to  which  this  is  a  supple- 
Proviso,  ment ;  provided,  that  this  act  shall  not  apply  to  any  district 
until  such  district  shall  decide  to  accept  the  same  by  a  vote 
of  the  majority  of  the  legal  voters  present  at  any  regular 
annual  meeting  of  the  district. 
Act  shall  not  be  321.  Any  district  voting:  to  accept  this  act,  may  order  the 

operative  with-  ' 

out  vote  of         issue  Of  bonds  as  provided  in  section  one.  either  at  the  annual 

disttict. 

ibid  §2.  •  meeting  or  at  a  special  meeting,  which  special  meeting  shall 
be  called  in  the  same  manner  as  is  provided  by  the  charter 
of  such  district  for  calling  the  annual  meeting. 

inhabitants  of         322.  The  inhabitants  of  anv    town   or  borough   or  any 

towns,  boroughs 

or  townships^  township  having  a  special  charter,  or  of  any  township  which 

Cha^p'888'         nas  or  hereafter  may  have  a  population  exceeding  six  thou- 

:cxxv,§i.    san(j  inhabitants,  may  become  a  body  politic  and  corporate 

in  fact  and  in  law,  by  the  name  and  title  of  "  the  town 

of  ,  in  the  county  of  ,"  whenever,  at  a  special 

election,  to  be  called  for  that  purpose  as  hereafter  provided, 

it  may  be  so  decided  by  a  majority  of  the  electors  of  said 

proposed  town  who  shall  vote  at  such  special  election. 


SCHOOL  LAW.  Ill 


p 

chap  LIX»?6- 


323.  The  town  and  ward  officers  of  the  town  shall  be  a  Hoard  of  educa- 

tion. 

*      *      *      *     town  treasurer,  a  board  of Ibid  §9- 

education,  consisting  of  three  members  from  each  ward. 

324.  At  the  annual   town   election   held   under  this  act 
one  member  of  the  board  of  education  for  each  ward  shall  p 
be  elected  for  one  year,  and  one  member  for  two  years,  and 
one  member  for  three  years ;  and  the  electors  voting  at  such 
election  shall  designate  on  their  ballots  the  terms  for  which 
the  several  candidates  for  such  offices  shall  be  elected;  and 
thereafter,  annually,  a  member  of  the  board  of  education 
shall  be  chosen  for  three  years. 

325.  No  person  shall  be  eligible  to  any  office  under  this  who  are  eligible 

0  as  members  of 

act  unless  he  shall  have  resided  in  the  town  for  the  period  board  of  educa- 

tion. 

of  at  least  one  year,  and  no  person  shall  be  eligible  to  any  £h^  l888> 
ward   office   unless   he  shall   be  an   actual   resident  of  the  c  :cxxv>  8 J? 
ward ;  no  person  shall  be  eligible  to  any  office  unless  he  is  a 
citizen  of  the  United  States. 

326.  In  case  any  vacancy  shall  occur  in  the  board   of  JJfeJncy' how 
education,  said  board  of  education  may  fill  such  vacancy  by  Ibid  2 l8 
appointment  until  the  next  town  election,  when  the  vacancy 

shall  be  filled  by  the  electors  of  the  town ;  provided,  that  if  Proviso. 
at  any  town  election  there  shall  be  a  vacancy  in  any  office 
to  be  filled,  and  at  the  same  time  an  election  for  the  full 
term  of  such  office,  the  term  for  which  each  person  shall  be 
voted  for  shall  be  designated  on  each  ballot  cast  therefor. 

327.  The  town  treasurer  shall  receive,  safely  keep  and  hof^hoVi0 
disburse  all  moneys  raised  and   received  for  public  school  5Se|s3'0 
purposes ;  he  shall  keep  separate  accounts  thereof  and  pay 

the  same  out  only  on  warrant  signed  by  the  chairman  and 
clerk  of  the  board  of  education,  and  no  warrant  for  any  such 
purpose  shall  be  drawn  on  the  treasurer  except  in  pursuance 
of  an  order  or  resolution  passed  at  a  stated  meeting  and 
entered  in  their  minutes  and  the  provisions  of  the  last  pre- 
ceding section  of  this  act  relative  to  warrants  on  the  treasurer 
by  the  town  council  shall  apply  to  the  warrants  of  the  board 
of  education;  and  the  said  treasurer  shall  do  and  perform 
all  acts  and  duties  enjoined  upon  township  collectors  by  the 
school  laws  of  the  state. 


112  SCHOOL  LAW. 


Council  may  ap-      328.  The  council  shall  have   power   to   pass  ordinances 

propnate  money 

.         appropriating  and  providing  for  raising  by  taxation  moneys 

for  the  support  of  public  schools. 
School  districts        329.  All  the  property,  real  and  personal,  of  the  several 

in  towns  incor- 


this  act  to  be 
consolidated. 
P.  L. 


u^der  school  districts  existing  within  the  limits  of  any  town, 
borough  or  township,  before  its  incorporation  under  the  pro- 
LTx.gs.  visions  of  this  act,  shall,  upon  such  incorporation,  become 
and  be  the  property  of  such  incorporated  town,  and  shall  be 
held  in  its  corporate  name,  and  the  several  obligations,  con- 
tracts and  debts  of  said  previously  existing  school  dis- 
trict shall  be  assumed  by  and  shall  become  and  be  the 
obligations,  contracts  and  debts  of  said  incorporated  town  ; 
and  that  the  board  of  education  shall  possess  and  exercise 
all  the  powers  and  perform  all  the  duties  by  law  vested 
in  or  imposed  upon  the  trustees  of  school  districts ;  they 
shall  organize  annually  by  choosing  a  chairman  and  a  clerk, 
and  may  establish  schools  and  provide  for  their  govern- 
ment, and  shall  keep  all  school  property  in  good  repair  ; 
Powers  of  board  they  shall  define  and  fix  the  duties  and  compensation 

of  education.  *  •         i    v 

of  their  clerk,  who  shall  also  perform  all  duties  enjoined  by 
Proviso.  law  on  district  clerks;  provided,  that  no  property  shall  be 

bought  or  building  erected  by  the  said  board  unless  a 
majority  of  the  voters  of  the  town  voting  at  an  annual 
town  meeting  shall  have  voted  an  appropriation  for  that 
purpose  ;  in  case  any  appropriation  for  the  purchase  of  land 
and  the  erection  of  a  school  building  shall  be  voted  by  the 
electors  of  the  town  at  any  town  election,  the  council  shall 
May  issue  bonds  issue  bonds  in  the  corporate  name  of  the  town  for  the 
amount  of  such  appropriation  in  such  denominations  as  they 
shall  deem  proper;  such  bond's  shall  be  designated  "school 
bonds,"  shall  bear  interest  at  not  exceeding  the  rate  of  six 
per  centum  per  annum,  and  shall  not  be  sold  for  less  than 
their  par  value ;  they  shall  be  made  payable  in  such  manner 
that  at  the  expiration  of  three  years  three-fifteenths  thereof 
shall  become  due  and  payable,  and  thereafter  one- fifteenth 
thereof  shall  become  due  and  payable  annually  ;  the  council 
shall  provide  for  raising  by  taxation  annually,  the  interest 
thereon  and  one-fifteenth  of  the  principal  thereof;  the  pro- 
ceeds of  the  sale  of  said  bonds  shall  be  held  by  the  town 


SCHOOL  LAW.  113 


treasurer,  and  shall  be  paid  out  by  him  on  the  warrants  of 
the  board  of  education  ;  at  any  time  after  an  appropriation 
is  voted  as  aforesaid,  the  board  of  education  may  purchase 
the  necessary  land  and  enter  into  contract  for  the  erection  of 
a  school  building  thereon,  the  title  to  which  property  shall 
be  vested  in  the  town  by  its  corporate  name. 

330.  That    in    all    municipalities  where   a    consolidated  consolidated 

L  school  districts. 

school  district  has  been  formed  from  two  or  more  individual  p-  L-1^?, 

Chap.  XXX11, 

districts,  by  reason  of  the  incorporation  of   such  munici-  §x- 
pality,  any  subsequent  division  of  such  municipality  shall 
not  create  a  division  of  said  consolidated  school  district. 

331.  That  for  the  better  government  and  representation  j^jjj15'  how 
of  such  consolidated   districts,  the  original  individual  dis-  lbid  §2- 
tricts  of  which  such  consolidated  district  is  formed  shall  be 

known  as  sub-district  number  one,  two,  three,  four,  and  so 
on,  of  school  district  number  -  ,  of  -  county,  and 
that  in  such  consolidated  district  the  elective  members  of  the 
board  of  trustees  or  board  of  education  shall  consist  of  two 
members  elected  from  each  original  individual  district.  Trustees  to  be 

1   elected  from 

whose  term  of  office  shall  be  equal  in  length  to  the  number  sub-districts. 
of  original   districts   from    which    the  consolidated  district     . 
was  formed,  but  that  both  of  said  trustees  from  said  sub- 
district  shall  not  be  elected  in  one  year. 

332.  That  before  the  first  annual  election  after  the  passage  Term  of  trustees. 
of  this  act,  the  existing  board  of  trustees  or  board  of  educa- 

tion of  such  consolidated  district  shall  meet  and  so  distribute 
the  representation  by  trustees;  that  at  the  coming  annual 
election  two  trustees  shall  be  elected  to  represent  the  sub- 
districts  in  which  there  may  have  been  no  trustees  hereto- 
fore elected  and  shall  so  divide  the  time  for  which  said  trustees 
or  members  of  the  board  of  education  shall  be  elected,  that 
a  portion  of  the  board  shall  be  elected  each  year,  but  no 
two  from  any  sub  district  shall  be  elected  in  any  one  year  One  trustee  from 

J  J  J  each  sub-district. 

after  the  first  election  ;  that  notice  of  such  distribution  and 
the  length  of  time  for  which  said  members  shall  be  elected 
shall  be  published  by  the  district  clerk  in  his  notice  of  the 
annual  election  of  school  trustees  ;  provided,  that  all  trustees  pr 
or  members  of  the  board  of  education  now  in  office  shall 

8 


r™iso. 


114  SCHOOL  LAW. 


remain  in  office  until  the  time  for  which  they  have  been 
elected  has  expired. 

^*  ^at  th*s  act  S^a^  ta^e  e^ect  imme(liately,  but  shall 
not  apply  to  districts  that  are  governed  by  the  charters  of 
any  chartered  municipality. 

334«  The  board  of  township  committee,  or  other  legisla- 
phL0li8805useS  fc*ve  k°dy  °f  anv  township  in  this  state,  upon  written  notice 
ccxxi.gi.  duly  served  upon  them  by  the  board  of  education,  or  other 
body  having  charge  of  the  school  affairs  of  such  township, 
that  in  their  judgment  it  is  necessary  to  build  an  addition 
to  any  school  house  in  said  township,  or  to  construct  a  new 
school  house  therein,  in  order  to  provide  proper  accommo- 
dation for  the  children  of  school  age  in  said  township,  may 
proceed  and  cause  said  addition  to  said  school  house  to  be 
built,  or  may  purchase  lands  and  construct  a  new  school 
house  thereon,  and  shall  furnish  the  same  from  time  to  time. 
Township  bonds  335.  To  raise  the  funds  required  for  the  purposes  afore- 
said the  said  board  of  township  committee,  or  other  legisla- 
tive body  of  any  township  of  this  state,  are  hereby  author- 
ized and  empowered  to  issue  in  the  corporate  name  of  such 
.  township  either  coupon  or  registered  bonds,  bearing  interest 
not  exceeding  six  per  centum  per  annum,  payable  semi- 
annually ;  the  principal  of  the  whole  number  of  bonds 
issued  for  any  of  the  purposes  aforesaid  shall  be  payable  in 
ten  annual  payments  from  the  date  of  the  issue  thereof; 
said  bonds  shall  be  signed  by  the  president  or  chairman  of 
said  committee,  and  countersigned  and  registered  where 
registered  bonds  are  issued  by  the  township  clerk,  and  sold 
at  public  or  private  sale  at  not  less  than  the  par  or  face 
value  thereof. 

Payment  of  336.  It  shall  be  the  duty  of  the  said  board  of  township 

ibid.  §3.  committee,  or  other  legislative  body  of  any  township  of  this 

state,  to  place  in  the  annual  tax  levy  of  each  year  a  sum 
sufficient  to  pay  the  interest  and  extinguish  the  principal  of 
said  bonds  as  the  same  shall  become  due  and  payable,  and 
apply  the  same  to  the  purposes  of  this  act,  and  to  no  other 
purpose  whatever. 

337.  Whenever  in  the  school  districts  of  this  state,  except 
school  districts  in  cities  and  towns  of  five  thousand  inhabi- 


SCHOOL  LAW.  115 


tants  and  upwards,  which  said  cities  aud  towns  have  a  com-  in  school  dis- 

tncts  having 

mon  council,  there  may  exist  a  board  of  education  or  trustees  special  charters 

w  the  district  clerk 

holding  their  charters  by  special  act  of  the  legislature  and  jJjjJlSSy*" 

independent  of  any  city  charter,  the  district  clerk  shall  be  Jh^pl882' 

secretary  of  the  board,  and  in  addition  to  the  duties  as  laid  LXXVI^  J 

down  in  sections  thirty-five  and  thirty-six  of  the  act  to  which  [Je(esecs  ssand 

this  is  a  supplement,  he  shall  conduct  the  correspondence  of  Duties  of 

the  board,  keeping  copies  of  such  letters  as  he  may  write,  in 

some  suitable  manner,  and  filing  all  such  letters  and  papers 

as  the  board  may  direct  at  their  stated  meetings  ;  also,  he 

shall  notify  the  assessor  of  the  amount  of  special  tax  to  be 

assessed  and  collected  in  each  and  every  year  for  the  pay- 

ment of  the  principal  and  interest  of  school  bonds  that  may 

have  been  issued  in  such  districts,  also  the  amount  of  special 

tax  to  be  assessed  and  collected  to  defray  the  incidental  ex- 

penses of  such  schools  during  the  year;  and  at  the  close  of 

each  year  he  shall  present  at   the  annual   meeting  for  the 

appropriation  of  moneys  for  such  district,  a  report  of  the 

general  financial   state  of  the  district,  the  condition  of  the 

school  property,  the  school  work  during  the  year,  the  require- 

ments for  the  year  to  come,  and  such  other  matters  as  may 

be  needful  to  an  intelligent   understanding  of  the  present 

state  or  which  is  desirable  for  the  future  promotion  of  pub- 

lic education  in  the  district;  and  for  such  services  he  shall 

receive  such  compensation  as  the  board  of  education  may 

allow. 

338.  At  the  annual  election  of  officers  of  such  board  a  Treasurer  to  hold 

school  moneys. 

treasurer  may  be  elected   from  the   members  of  the  board, 


who  shall  receive  from  the  collector  of  the  township  or  town-  CCLXII,  §2. 

ships  in  which  such  district  is  situated  all  moneys  due  said 

district,  from  whatever  source,  within  ten  days  from  the  time 

when  such  moneys  shall  come   into  such   collector's  hands; 

and  said  treasurer  shall  disburse  the  same  in  the  way  and  [See  sec.  156] 

manner  provided  in  section  eighty-four  of  the  act  to  which 

this  is  a  supplement,  and,  within  ten  days  after  his  election, 

he  shall  give  such  bonds  for  the   faithful  discharge  of  his  J0™;j*urertogi 

duty  as  shall  be  acceptable  to  the  township  committee  of  the 

township  in  which  the  school   house   is  situated,  for  double 

the  amount  that   may  come   into  his  hands  during  any  one 


116 


SCHOOL  LAW. 


Report  of 
treasurer. 


[See  sec.  156 


Election  of 
trustees. 
P.  L. 1882, 
Chap. 
LXXVI.j!: 


Proviso. 


Term  of  office. 
P.  L. 1878, 
Chap. 
CCLXII.§4. 


Number  of 
trustees. 
Ibid.  §  5. 


year,  and  every  year  at  the  annual  meeting  for  the  election 
of  trustees  he  shall  present  an  itemized  statement  of  the 
receipts  and  the  expenditures  of  the  year  then  closing ;  which 
statement,  in  conjunction  with  the  annual  report  of  the  sec- 
retary, shall  be  published  in  the  newspaper  printed  nearest 
to  said  district,  or  in  such  other  manner  as  may  be  deemed 
best  for  the  public  good  ;  and  for  his  services  he  shall  be 
entitled  to  receive  the  amount  provided  for  the  town  col- 
lector for  such  disbursements  in  section  eighty-four  of  the 
act  to  which  this  is  a  supplement. 

339.  The  election  of  trustees  or  members  of  such  boards 
of  education  shall  be  held  in  each  district  on  the  Tuesday  of 
the  week  following  the  annual  town   meeting  in  each  and 
every  year ;  the  terms  of  service  of  those  then  elected  to 
begin  immediately;  and  the  term  of  any  trustee  which  would 
expire  on  the  first  Monday  of  July  following  such  election 
shall    expire   on    the   Tuesday  of  the   week  following  the 
annual   town   meeting ;  and   that   five  days'  notice   of  said 
meeting  for  election  of  trustees  shall  be  set  up  by  the  secre- 
tary in  five  of  the  most  prominent  places  of  the  district; 
provided,  however,  that  in  all  cases  where  the  trustees  of  any 
district  are  elected  at  any  municipal  election,  by  virtue  of 
any  independent  charter,  the  election   for  such  trustees  in 
such  district  shall  be  held  in  the   manner  and  at  the  same 
time  as  heretofore,  and  the   beginning  and  length   of  their 
terms  of  office  shall  remain  as  before  the  passage  of  this  act. 

340.  In    all    boards   of  education    or    trustees  hereafter 
elected,  of  which  all  the  members  are  now  elected  annually, 
and  to  which  this  supplement  applies,  the  principle  of  class- 
ification   provided    for   trustees  elected   under  the   general 
school  law  shall  govern,  so  that  at  least  two  members  of  the 
board  shall  remain  in  office  from  each  previous  year. 

341.  Where  the  present  number  of  trustees  or  members 
of  the  board  of  education  of  any  district  to  which  this  sup- 
plement is  applicable  may  be  such  as  to  embarrass  a  proper 
classification  of  the  term  of  service  of  the  members  of  the 
board,  it  shall  be  lawful  for  the  legal  voters  of  such  district, 
by  a  majority  vote  at  an  annual  meeting  of  the  district,  to 
make  such  change  as  may  be  desired  in  the  number  of  trus- 


SCHOOL  LAW.  117 


tees  or  members  of  the  board  of  education* ;  provided,  that  Proviso. 
by  such  change  the  whole  number  shall  not  exceed  six  ;  and 
provided  further,  that  public  notice  be  given  of  such  contem-  Proviso. 
plated  change  by  the  district  secretary  in  his  notice  for  the 
annual  meeting. 

342.  Each  member  elect  of  such    boards  of   education,  Trustees^ 

'    take  oath. 

before  entering  upon  the  duties  of  his  office,  shall  take  the  Ibid  §6 
following   oath    or   affirmation    before   some    person    duly 
authoriz-d  to  administer  an  oath,  to  wit :  "  I,  A.  B.,  having 
been  duly  elected    a    member   of  the    board  of   education 
of  school  district  number  C,  D    county,    New    Jersey,  do 
solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the 
trust  reposed  in  me  as  a  member  of  said  board. 
"  Dated ,  A.  D. .     (Signed) ." 

343.  The  provisions  of  this  act  shall  not  apply  to  boards  Aunties  hpaPv-y 
of  education  in  any  city  or  borough  of  this  state  nor  to  any  ^fo^fnhabi- 
county  in  this  state  containing  less  than  twenty-five  thousand  Sbkf'g  7 
inhabitants. 

MISCELLANEOUS. 

344.  In  case  any  school  district  shall  use  any  of  the  school  Moneys  received 

*  J  from  state  to  be 

money  received  by  it,  except  such  as  may  be  raised  within  SS»?Sflei 
the   district,    for  any  other  purpose  than  the   payment  of  p^S^ 
teachers7  salaries  ano!  fuel  bills,  such  district  shall    forfeit  cccxxxv, 
out  of  the  next  annual  appropriation  a  sum  equal  to  twice  ^I2 
the  amount  thus  used,  and  it  shall  be  the  duty  of  the  county  ^Tsec.  ,61.] 
superintendent   to    re-apportion    the   money   thus    forfeited 
among  the  other  districts  of  his  county;  provided,  the  state  Proviso. 
superintendent  may  remit  such  penalty  for  cause. 

345.  In  any  district  as  now  constituted,  where  there  has  District  taxes  for 

i  .  1894  to  be  used 

been  ordered  a  special  district  tax,  which  tax  has  not  yet  oniy  for  districts 

1  *         where  ordered. 

been  collected,  such  tax  shall  be  assessed,  levied  and  col-  Ibi<Mz6. 
lected  on  the  district  as  now  constituted,  and  that  the  moneys 
collected  from  such  tax  shall  be  expended  by  the  board  of 
education  solely  for  the  benefit  of  the  school  or  schools  for 
which  it  was  ordered  to  be  raised,  and  for  no  other  purpose 
whatsoever. 

346.  The  school  houses,  lands,  apparatus  and  other  prop- 
erty owned  by  the  school   districts   hereby  abolished,  shall, 


118  SCHOOL  LAW. 


Jrt1Uof°dfisPtHcPts    im  mediately  after  the  passage  of  this  act,  be  appraised  by  the 

5°.^e appraised,  assessors  of  the  several  townships;  in  making  said  appraise- 
ment, the  amount  of  debt  incurred  by  any  district  for  the 
purchase  of  lands,  apparatus  and  other  property,  or  for  the 
erection  of  a  school  house  or  school  houses,  which  debt  is  un- 
paid at  the  time  of  making  such  appraisement,  shall  be  de- 
ducted from  the  appraised  value  of  such  properly;  one  copy 

apprafsement  to  of  said  appraisement  shall  be  filed  with  the  county  superin- 
tendent, one  copy  with  the  district  clerk  of  the  consolidated 
district  and  one  copy  with  the  township  collector,  and  at 
each  assessment  for  special  school  tax  thereafter  (until  the 
whole  amount  is  remitted)  there  shall  be  remitted  to  the  tax- 
payers  of  each  of  said  districts  one-tenth  of  the  said  ap- 
"1  praised  value  of  the  property  of  the  school  district  in 

Proviso.  which    such   taxpayers  reside    or  own  property  ;  provided, 

that  in  case  any  such  district  is  situated  in  two  or  more 
townships,  the  assessors  of  said  townships  shall  jointly  make 
said  appraisement,  and  shall  determine  the  part  thereof  be- 
longing to  each  of  said  townships,  and  each  township  shall 
remit  to  the  taxpayers  in  its  part  of  such  district  the  part  so 
determined,  in  the  same  manner  as  in  case  of  districts  wholly 
within  a  single  township  ;  and  provided  further,  that  in  case 
any  such  district  is  situated  in  two  or  more  boroughs,  or 
partly  in  a  borough  and  partly  in  a  township,  said  appraise- 
ment shall  be  made  by  the  several  borough  assessors  or  by 
the  borough  and  township  assesors  (as  the  case  may  be)  in 
the  manner  aforesaid. 

Districts  to  347.  The  board  of  education  or  the  board  of  school  trus- 

tees  in  the  several  cities,  towns,  townships,  boroughs,  villages 
and  school  districts  of  this  state  shall  purchase  a  United 
States  flag,  flag-staff  and  the  necessary  appliances  therefor, 
and  shall  display  said  flag  upon  or  near  the  public  school 
building  during  school  hours,  and  at  such  other  times  as  to 
the  said  boards  may  seem  proper ;  and  that  the  necessary 
funds  to  defray  the  expenses  to  be  incurred  herein  shall  be 
assessed  and  collected  in  the  same  manner  as  moneys  for 
public  school  purposes  are  now  raised  by  law. 

348.  From  and  after  the  passage  of  this  act  any  officer  of 
public  instruction  of   this   state,   being   intrusted  with  the 


SCHOOL  LAW.  119 


funds  of  any  school  board,  and  not  directed  by  law  to  give  f 
security  for  the  same,  shall  enter  into  such  security  as  any 
school  board  under  whom  he  may  serve  shall  direct,  before 
entering  on  the  duties  assigned  to  him  by  said  board.  Not  more  than 

349.  Hereafter  there  shall  not  be  assessed  upon  any  in- 


habitant  of  this  state  more  than  one  poll-tax  in  any  one  pnyLyi8oi, 

Chap.CCLXX 

year.  g  i. 

350.  Any  person  who  shall  enter  the    buildings   or  go  injury  to  schoo 

J  o      property,  or  dis- 

upon  the  lands  belonging  to  any  public  school  district  of  this  £rbmggschoois  . 

state,  or  used  arid  occupied  for    school    purposes    by  any  chap.cxvn 

public  school  in  this  state,  and  shall  break,  injure  or  deface 

such  building  or  any  part  thereof,  or  the  fences  or  outhouses 

belonging  to  or    connected  with    such    building  or    lands, 

or  shall  disturb    the    exercises  of  such    public    school,  or 

molest  or  give  annoyance  to  the  children    attending   such 

school,  or  any  teacher  therein,  shall  be  deemed  and  adjudged 

to  be  a  disorderly  person,  and  may  be   apprehended  in  the 

manner  hereafter    prescribed  in  this  act,  and  taken  before 

any  justice  of  the  peace  of  the  county  where  such  person 

may  be  apprehended;  and  it  shall  be  the  duty  of  the  said 

justice   to  commit  such  disorderly  person,  when  convicted 

before  him  by  the  confession  of  the  offender,  or  by  the  oath 

or  affirmation  of  one  or  more  witness  or  witnesses,  to  the 

county  jail  of  such  county,  there  to  be  kept  at  hard  labor 

for  any  term  not  exceeding  thirty  days. 

351.  Any  person  who  shall  directly  or  indirectly  give,  or  Penalty  for 

.  .  bribery. 

receive,  or  promise;  contract  or  agree  to  give  or  receive,  any  p.  L  1879, 

/>  T          i  i          ./.     |         i  Chap.  CXLIII, 

sum  or  sums  ot  money,  or  any  goods,  chattels,  gitt,  lands  or  g  i. 
real  estate,  or  any  other  thing,  bribe,  present  or  reward 
whatsoever,  for,  or  to  obtain,  or  for  giving  out  the  printing 
of  blanks,  notices,  advertisements,  or  any  other  printing,  or 
for,  or  to  obtain,  or  for  giving  out  any  other  work  or  thing, 
connected  with,  or  in  or  appertaining  to,  any  office  or  depart- 
ment of  this  state,  or  any  office  or  department  in  any  county, 
city,  town,  township,  borough  or  other  place  in  this  state, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall,  for  every  such  offence,  be  liable  to  a  fine  not  exceeding 
three  hundred  dollars,  or  suffer  imprisonment  at  hard  labor 


120 


SCHOOL  LAW. 


Penalty  for 
exceeding  ap- 
propriations. 
P..L.  1876. 
Chap.  HI,  f*. 


Penalty  for 
officers  having 
an  interest  in 
furnishing 
supplies. 
PL.  1876, 
Chap. 
CXXXIV.gi 


Penalty  for 
bribery. 
PL.  1879, 
Chap 
LXXIV,  I  ] 


not  exceeding  one  year,  or  both,  at  the  discretion  of  the 
court. 

352.  If  any  board  of  chosen  freeholders  or  any  township 
committee,  or  any  board  of  aldermen  or  common  council  - 
men,  or  any  board  of  education,  or  any  board  of  commis- 
sioners of  any  county,  township,  city,  town   or  borough   in 
this  state,  or  any  committee  or  member  of  any  such  board 
or  commission,  shall  disburse,  order  or  vote  for  the  disburse- 
ment  of  public   moneys,    in   excess  of  the   appropriation 
respectively  to  any  such  board  or  committee,  or  shall  incur 
obligations  in   excess   of  the   appropriation    and    limit    of 
expenditure  provided  by  law  for  the  purpose  respectively  of 
any  such  board  or  committee,  the  members  thereof,  and  each 
member  thereof  thus  disbursing,  ordering  or  voting  for  the 
disbursement  and  expenditure  of  public  moneys,  or  thus 
incurring  obligations  in  excess  of  the  amount  appropriated 
and  limit  of  expenditure  as  now  or  hereafter  appropriated 
and  limited  by  law,  shall  be  severally  deemed  guilty  of  mal- 
feasance in  office,  and,  on  being  thereof  convicted,  shall  be 
punished   by  fine  not  exceeding  one  thousand  dollars,  or 
imprisonment  at  hard   labor  for  any  term   not  exceeding 
three  years,  or  both,  at  the  discretion  of  the  court. 

353.  If  any  employee  or  person  or  persons  having  the 
control  or  management  of  any  institution,  the  moneys  for 
the  support  of  which  are  drawn  in  whole  or  in  part  from 
the  treasury  of  the  state,  shall  be  directly   or   indirectly 
interested  in   furnishing   any   goods,  chattels,  supplies  or 
property  of  any  kind   whatsoever,  to  or  for  the  use  of  any 
such  institution,  which  may  be  in  whole  or  in  part  supported 
by  appropriations  paid  out  of  the  treasury  of  the  state,  such 
person,  officer  or  employee  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  imprisonment 
at  hard  labor  for  any  term  not  exceeding  one  year,  or  both, 
at  the  discretion  of  the  court. 

354.  If  any  member  of  any  state,  county  or  city  govern- 
ment, or  any  member  of  any  public  board,  association   or 
commission,  shall  hereafter  solicit  or  receive,  either  directly 
or  indirectly,  any  money  or  valuable  consideration  for  his 


SCHOOL  LAW.  121 


vote  in  the  appointment  of  any  person  or  persons  to  any 
position  in  any  department  of  any  public  body  aforesaid,  the 
person  or  persons  so  offending  shall  be  deemed  and  taken  to 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  be 
punished  by  fine  or  imprisonment,  or  both  ;  said  fine  not  to 
exceed  one  thousand  dollars,  nor  such  imprisonment  one 
year,  and  be  forever  thereafter  debarred  from  holding  any 
office  of  profit,  trust  or  emolument  in  this  state. 

355.  If  any  member  of  any  board  of  chosen  freeholders,  Yi 

or  of  any  township  committee,  or  of  any  board  of  alder-  p°b"crace0dnj?act!y 
men  or  common  council  men,  or  any  board  of  education  or  chsjp\l888f 
school  trustees  in  any  city,  or  any  board  of  commissioners  CCCXXVI11' 
of  any  county,  township,  city,  town,  borough  or  school  dis- 
trict in  this  state,  shall  be  directly  or  indirectly  concerned  in 
any  agreement  or  contract  for  the  construction  of  any  bridge 
or  building  of  any  kind  whatsoever,  or  any  improvement 
whatever  to  be  constructed  or  made  for  the  public  use  or  at 
public  expense,  or  shall  be  a  party  to  any  contract  or  agree- 
ment, either  as  principal  or  surety,  between  the  county, 
township,  city,  town,  borough  or  school  district,  as  the  case 
may  be,  and  any  other  party,  or  shall  be  directly  or  indirectly 
interested  in  furnishing  any  goods,  chattels,  supplies  or 
property  of  any  kind  whatsoever,  to  or  for  the  county,  town- 
ship, city,  town,  borough  or  school  district,  the  contract  or 
agreement  for  which  is  made,  or  the  expense  or  consideration 
of  which  is  paid,  by  the  board,  council  or  committee  of 
which  such  member  is  a  part,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  being  thereof  convicted,  shall  be  pun- 
ished by  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment at  hard  labor  for  any  term  not  exceeding  three 
years,  or  both,  at  the  discretion  of  the  court. 

356.  All  acts  and  parts  of  acts  of  a  general  character  on  Repealer. 
the  subject  of  public  schools,  and  of  the  normal  school  and  chap.1 

•  .          .  tin  n    CLXXIX,  2   82. 

its  appropriations,  passed  before  the  twenty-first  day  of 
March,  one  thousand  eight  hundred  and  sixty-seven,  are 
hereby  declared  to  be  repealed. 

357.  This  act  shall  apply   to  all  districts  in   this  state  *ii d 
receiving  any  portion  of  the  state  school  moneys  ;  provided, 
that  in  anv  district  acting  under  a  special  charter,  or  under  ?  2s 

Proviso. 


122  SCHOOL  LAW. 


the  provisions  contained  in  the  charter  of  any  city,  town, 
borough  or  other  municipality,  this  act  shall  apply  only  so 
far  as  it  is  consistent  with  the  provisions  of  such  charter,  and 
that  all  such  charters  shall  remain  and  be  in  full  force  and 
effect  the  same  as  il  this  act  had  not  been  passed. 


Rules  and  Regulations 


Prescribed  by  the 


State  Board  of  Education 


(123) 


Rules  for  State  and  County 
Examinations. 


Prescribed  by  the  State  Board  of  Education  in  Conformity  with  the  Act 

Entitled  ««  An  Act  to  Establish  a  System  of  Public 

Instruction,"  Section  2,  Clause  i. 


I.     GENERAL  INSTRUCTIONS  RELATING  TO  BOTH  STATE  AND 
COUNTY  CERTIFICATES. 

1.  No  person  shall  be  employed  as  a  teacher  by  any  Board  of  Trus- 
tees unless  he  holds  a  regular  teacher's  certificate  in  full  force  and 
effect  at  the  time  that  the  engagement  is  made.    Any  person  accepting 
a  position  as  a  teacher  in  any  school  in  this  State  shall,  before  taking 
charge  of  such   school,  exhibit  his  or   her  certificate  to  the  County 
Superintendent  of  the  county  in   which  such   school  is  situated ;   and 
any    contract   entered    into  between  any  teacher  and  any  Board  of 
Trustees  shall  not  be  valid  until  the  requirements  of  this  rule  are 
complied  with.     It  shall  be  the  duty  of  the  County  Superintendents 
to  keep  a  record  of  such  certificates. 

2.  Any  person  desiring  to   obtain  a   position  as  a  teacher  in  any 
school  in  this  State  between  the  dates  of  the  regular  examinations,  and 
who  is  not  in  possession  of  a  regular  certificate  in  full  force  and  effect, 
may  obtain  from  the  State  or  County  Board   of  Examiners  a  provi- 
sional certificate,  good  until  the  next  regular  examination ;  provided, 
that  such  provisional  certificate  shall  not  be  renewed  or  extended. 

3.  No  certificate  shall  be  issued  to  a  teacher  whose  average  in  any 
subject  covered  by  the  examination  falls  below  70. 

4.  All  candidates  are  required  to  furnish  testimonials  as  to  their 
moral  character,  and  as  to  the  times  and   places   in   which   they  may 
have  taught,  and  their  success  in  teaching.    Such  testimonials  shall  be 
retained  by  the  Board  of  Examiners  and  form  part  of  their  perma- 
nent records. 

(125) 


126  RULES  AND  REGULATIONS 

5.  Any  certificate  may  be  revoked  for  cause,  either  by  the  Board 
which  issued  it  or  by  the  State  Board  of  Examiners.     Every  such 
case  shall  be  reported  to  the  State  Board  of  Education  in  writing. 

6.  Every  Board  of  Examiners  shall  keep  a  full  and  correct  list  of 
all  certificates  issued,  together  with  the  names  and  addresses  of  the 
holders.     Such  list  shall  be  transmitted  to  the  State  Superintendent 
within  ten  days  after  every  examination,  and  shall  be  printed  as  part 
of  the  annual  report  of  that  officer. 

7.  In  all  examinations  for  teachers'  certificates  the  diploma  of  a 
college  in  good  standing  shall  be  accepted  in  lieu  of  an  examination  in 
the  academic  subjects  prescribed. 

8.  The  State  Board  of  Examiners  may  endorse  the  diploma  of  any 
Normal  School  or  Training  College  or  the  permanent  certificate  issued 
by  a  State  Superintendent,  or  Board  of  Examiners,  of  another  State, 
when  the  course  of  study  of  such  normal  School  or   Training  College, 
or  the  requirements  for  such  certificates,  are,  in  the  judgment  of  the 
State  Board  of  Examiners,  equivalent  to  those  required   for  similar 
diplomas  or  certificates  in    this   State;  and  when  so  endorsed,  such 
diploma  or  certificate  shall  have  full  force  and  effect  as  if  issued  in 
this  State. 

9.  With  the  exception  of  Reading,  Elocution,  Music,  School  Gym- 
nastics, Drawing  and  Manual  Training,  all.  examinations  are  to  be 
conducted  in  writing. 

10.  A  special  average  will  be  given  for  correctness  in  Orthography 
and  Composition  and  for  neatness  and  order  in  the  general  appearance 
of  the  examination  papers.     Special  credit  marks  will  be  given  for 
ability  to   teach  Elocution,  Music,  School  Gymnastics,  Drawing  and 
Manual  Training. 

11.  Any  Board  of  Examiners  shall  accept  from  any  applicant  for  a 
Second  or  First  Grade  County  Certificate,  or  for  any  State  Certificate, 
any  certificate  of  any  grade,  in  lieu  of  further  examination  in  the 
academic  subjects  covered  by  said  certificate  ;  provided,  that  the  appli- 
cant shall  have  attained  a  general  average  of  85  per  cent.;  and  shall 
present  satisfactory  evidence  of  having  been  a  teacher  in  good  stand- 
ing during  the  time  subsequent  to  the  granting  of  said  certificate. 

12.  Applicants  for  employment  as  special  teachers  to  give   instruc- 
tion in  any  subject  not  prescribed  in   the  certificates  granted  by  the 
State  or  County  Boards  of  Examiners,  may  be  examined  by  the  Board 
of  Examiners  in  such  subject,  and  when  satisfied  of  the  fitness  of  the 


FOR  SCHOOL  OFFICERS.  127 


applicant  to  teach  auy  of  the  branches  referred  to,  said  Board  of 
Examiners  may  issue  a  special  certificate  to  said  applicant.  Such  cer- 
tificates shall  remain  in  force  three  years,  and  shall  be  valid  as  licenses 
to  teach  the  subjects  for  which  they  are  issued,  within  the  jurisdiction 
of  the  Board  of  Examiners  granting  the  certificates. 

II.  COUNTY  EXAMINATIONS. 

13.  The  County  Superintendent,  together  with  those  persons  whom 
he  may  appoint  as  County  Examiners,  shall  hold  three  stated  meet- 
ings during  each  year  for  the  examination  of  teachers,  in  such  places 
in  the  county  as  are  most  convenient  of  access  to  the  teachers.     The 
first  examination  shall  be  held  on  the  first   Friday  and  Saturday  in 
October ;  the  second  on  the  first  Friday  and  Saturday  in  February, 
and  the  third  on  the  first  Friday  and  Saturday  in  May ;  provided, 
that  when  any  of  these  days  falls  upon  a  legal  holiday,  the  examina- 
tion shall  be  postponed  one  week.     The  October  and  February  exam- 
inations shall  be  for  Second  and  Third  Grade  Certificates,  and  the 
May  examination  for  First,  Second  and  Third  Grade  Certificates.     At 
all  examinations  the  day  and  order  in  which  subjects  required  for  a 
certificate  of  any  grade  may  be  taken  shall  be  determined  by  the 
State  Superintendent. 

14.  The  County  Superintendent  will  issue  certificates  of  the  three 
grades,  to  be  known  respectively  as  the  First,  Second  and  Third  Grade 
County  Certificates.     No  County  Certificates  issued  after  March  15th, 
1893,  shall  be  valid  outside  of  the  county  in  and  for  which    it  is 
issued. 

15.  Candidates  for  the  Third  Grade  County  Certificate  are  to  be 
not  less  than  eighteen  years  old.     No  experience  in  teaching  will  be 
required.     Applicants  for  a  Third  Grade  Certificate  will  be  examined 
in  Orthography,  Reading,  Penmanship,  Geography,  Arithmetic,  Eng- 
lish Grammar,  and  the  Theory  and  Practice  of  Teaching.     The  cer- 
tificate will  continue  in  force  for  one  year  from  date,  and  will  be  valid 
as  a  license  to  teach  in  an  ungraded  school  or  in  a  primary  school  or 
department.     After  October   6th,  1891,  Third  Grade  County  Cer- 
tificates shall  not  be  issued  to  the  same  person  more  than  twice. 

16.  Candidates  for  the  Second  Grade  County  Certificate  are  to  be 
not  less  than  nineteen  years  old,  with  an  experience  in  teaching  of  not 
less  than  one  year.     The  examination  will  be  the  same  as  that  for  the 


128  RULES  AND  REGULATIONS 

Third  Grade  Certificate,  with  the  addition  of  English  Composition, 
Physiology,  the  History  of  the  United  States,  and  Book-keeping. 
The  certificate  will  continue  in  force  for  three  years  from  date,  and 
will  be  valid  as  a  license  to  teach  in  any  school  or  department  not 
above  the  grade  of  a  grammar  school. 

17.  Candidates  for  the  First  Grade  County  Certificate  are  to  be  not 
less  than  twenty  years  old,  with  an  experience  in  teaching  of  not  less 
than  two  years.     The  examination  will  be  the  same  as  that  for  the 
Second  Grade  Certificate,  with  the  addition  of  Algebra,  Physics,  His- 
tory of  Education,  the  Constitution  of  the  United  States,  and  the 
School  Law  of  New  Jersey.     The  certificate  will  remain  in  force  for 
five  years  from  date,  and  will  be  valid  as  a  license  to  teach  in  any 
school  or  department  in  the  county.     A  First  Grade  County  Certifi- 
cate may  be  renewed  without  a  re-examination. 

18.  An  ungraded  school  is  defined  as  one  in  which   but  a   single 
teacher  is  employed.     A  graded  school   is  one  in  which  more  than  a 
single  teacher  is  employed,  and   which   is  divided  into  at  least  two 
departments.     A  primary  school  or  department  is  defined  as  one  hav- 
ing the  first  four  years  of  the  usual  school   curriculum,  consisting  of 
studies  similar  to  those  prescribed  in  the  primary  department  of  the 
State  Model  School.     A  grammar  school  or  department  is  defined  as 
one  having  the  second  four  years  of  the  usual  school  curriculum,  cori- 
sisting  of  studies  similar  to  those  prescribed  in  the  grammar  depart- 
ment of  the  State  Model  School.     A  high  school  is  defined  as  a  school, 
the  curriculum  of  which  includes  more  advanced  instruction  than  that 
of  a  grammar  school,  as  herein  defined. 

19.  A  new  set  of  questions  shall  be  prepared  for  each  county  exami- 
nation under  the   direction  of  the  State  Superintendent  of  Public 
Instruction,  and  ten  questions  will  be  given  in  each  study.     No  special 
examination  shall  be  held  unless  the  consent  of  the  State  Superintend- 
ent of  Public  Instruction  has  been  first  obtained,  and  no  questions 
shall  be  used  at  any  regular  or  special  examination  except  those  issued 
or  approved  by  the  State  Superintendent.     County  Superintendents, 
on  granting  certificates  at  special  examinations,  may  grant  them  in  the 
usual  form  ;  or  if  they  deem   it  advisable,  they  may  grant  them  to  be 
good  only  until  the  next  regular  examination. 

20.  Upon  each  County  Certificate  shall  be  written  the  special  aver- 
age in  each  study  gained  by  the  holder,  and  his  or  her  general  aver- 
age, each  marked  as  a  percentage  upon  the  scale  of  100. 


FOR  SCHOOL  OFFICERS.  129 


III.  STATE  EXAMINATIONS. 

21.  The  State  Board  of  Examiners  will  grant  certificates  of  three 
grades,  to  be  called  respectively  First,  Second  and  Third  Grade  State 
Certificates,  the  third  or  lowest  grade  ranking  one  degree  above  the 
highest  grade  issued  by  a  County  Board  of  Examiners.     Two  exami- 
nations for  State  Certificates,  and  only  two,  shall  be  held  each  year,  in 
the  city  of  Trenton,  beginning  on  the  first  Thursdays  of  June  and 
December  respectively.     These  examinations  shall  be  public,  and  the 
questions  ueed  shall  be  approved  formally  by  each  member  of  the 
Board  of  Examiners. 

22.  Candidates  for  the  Third  Grade  State  Certificate  are  to  be  not 
less  than  twenty  years  old.     No  experience  in  teaching  will  be  re- 
quired.    They  will  be  examined  in  all  the  subjects  required  for  a  First 
Grade  County  Certificate,  together  with  Psychology,  Plane  and  Solid 
Geometry,  Chemistry,  Geology,  Botany  and  Free-hand  Drawing.    The 
certificate  will  remain  in  force  for  seven  years  from  date,  and  will  be 
valid  as  a  license  to  teach  in  any  school  in  the  State.     It  may  be 
renewed  without  re-examination. 

23.  Candidates  for  the  Second  Grade  State  Certificate  are  to  be  not 
less  than  twenty-one  years  of  age,  with  an  experience  in  teaching  of 
not  less  than  two  years.     The  examination  will  be  the  same  as  that 
required   for   a   Third   Grade   State   Certificate,    together    with    the 
Philosophy  of  Education  and  the  Principles  of  Manual  Training  and 
Physical  Culture.     The  license  will  remain  in  force  for  ten  years 
from  date,  and  will  be  valid  as  a  license  to  teach  in  any  school  in  the 
State.     It  may  be  renewed  without  re-examination. 

24.  Candidates  for  the  First  Grade  State  Certificate  are  to  be  not 
less  than  twenty-five  years  old,  with  an  experience  in  teaching  of  not 
less  than  five  years.     Candidates  will  be  required  to  present  satisfac- 
tory evidence  that  their  teaching  has  been  in  every  way  successful. 
The  examination  will  be  the  same  as  'that  required  for  the  Second 
Grade  Certificate.     The  certificate  will  remain  in  force  during  the  life 
of  the  holder,  unless  revoked  for  cause  (see  Rule  5),  and  will  be  valid 
as  a  license  to  teach  in  any  school  in  the  State. 

25.  Graduates  of  the  State  Normal  School  who  have  completed  the 
three  years'  course  shall  be  entitled  to  a  Second  Grade  State  Certificate ; 

9 


130  RULES  AND  REGULATIONS 

provided,  that  five  years  after  graduation  from  the  State  Normal 
School,  any  holder  of  a  Second  Grade  State  Certificate  is  entitled  to 
have  said  certificate  renewed  for  life,  without  examination,  by  the 
State  Board  of  Examiners,  on  presentation  of  satisfactory  evidence  to 
that  Board  that  the  holder  has  been  continuously  and  successfully 
engaged  in  the  profession  of  teaching  during  the  five  years  next  pre- 
ceding the  date  of  the  application. 


IV.  COUNTY  SUPERINTENDENTS 

26.  It  shall  be  the  duty  of  each  County  Superintendent  to  visit 
the  Schools  in    his   county  as  often  as  may  be  necessary ;  provided, 
that  he  shall  visit  every  school  under  his  jurisdiction  at  least  once 
in  each  year;  and  provided  further,  that  the  total  number  of  visits 
made  during  the  year  shall  equal  at  least  twice  the  number  of  schools 
under   his  jurisdiction ;    the    additional    visits    to  be  made  to  such 
districts  as,  in  his  judgment,  most  need  his  encouragement  and  advice. 

27.  He  shall  note  at  such  visits,  in  a  book  provided  for  the  pur- 
pose, to  be  designated  "  The  Superintendent's  Visiting  Book,'7  the 
condition  of  the  school  buildings  and  out-houses,  the  appearance  and 
correctness  of  the  records  kept  in  the  School  Registers,  the  efficiency 
of  the  teachers,  the  character,  record  and  standing  of  the  pupils,  the 
methods  of  instruction,  the  branches  taught,  the  text-books  used,  and 
the  discipline,  government  and  general  condition  of  each  school ;  and 
from  the  notes  thus  taken  he  shall  ascertain  and  report  the  relative 
grade  of  merit  of  each  school. 

28.  He  shall  labor  in  every  practicable  way  to  elevate  the  standard 
of  teaching  and  to  improve  the  condition  of  the  schools  in  his  county  ; 
shall  give  such  directions  in  the  science,  art  and  methods  of  teaching 
as  he  may  deem  expedient,  and  shall  be  the  official  adviser  and  con- 
stant assistant  of  the  school  officers  of  his  county. 

29.  He  shall  distribute  promptly  all  reports,  forms,  laws,  circulars 
and  instructions  which  he  may  receive  from  the  State*  Superintendent 
or  the  State  Board  of  Education,  and  in  accordance  with  their  direc- 

•  tions. 

30.  He  shall  take  care  that  the  decisions   of  the  State  Superin- 
tendent or  the  State  Board  of  Education,  upon  controversies  relating 
to  the  school  laws  of  the  State,  or  to  the  rules  and  regulations  pro 


FOR  SCHOOL  OFFICERS.  131 

scribed  by  the  State  Board  of  Education,  be  complied  with  by  the 
parties  concerned ;  and  in  case  such  decisions  are  not  complied  with, 
he  shall  inform  the  State  Superintendent  thereof,  and  state  the  circum- 
stances connected  therewith. 

31.  He  shall  carefully  preserve  all  reports  of  school  officers  and 
teachers,  and   all  examination  papers  of  teachers  examined   by  the 
County  Board  of  Examiners,  and,  generally,  shall  carry  out  the  pro- 
visons  of  the  law  "  Establishing  a  System   of  Public  Instruction," 
and  the  rules  and  regulations  prescribed  by  the  State  Board  of  Edu- 
cation, and  at  the  close  of  his  official  term  shall  deliver  to  his  suc- 
cessor all  records,  books,  documents,  papers  and  property  belonging 
to  the  office. 

32.  No  County  Superintendent  shall  act  as  agent  for  any  author, 
publisher  or  bookseller,  nor  directly  or  indirectly  receive  any  gift, 
emolument  or  reward  for  his  influence  in  recommending  or  procuring 
the  use  of  any  book,  or  school  apparatus,  or  furniture  of  any  kind 
whatever  in  any  public  school ;  and  any  one  who  shall  violate  this 
provision  shall  be  subject  to  removal  from  office. 

33.  He  shall  meet  each  Township  Board  of  Trustees  at  least  twice 
each  year,  which  meetings  shall  be  held  at  such  times  and  places  as  he 
may  appoint. 

34.  He  shall  ascertain  from  the  Township  Collectors,  within  five 
days  after  the  annual  town  meetings,  the  amount  of  school  tax  ordered 
to  be  assessed  in  each  township,  and  on  or  before  the  first  day  of  May 
of  each  year,  he  shall  apportion,  according  to  law,  to  the  several  town- 
ships and  school  districts  of  his  county,  all  the  school  moneys  to  which 
they  are  entitled  for  the  following  year,   whether  received  by  State 
appropriation  or  ordered  to  be  assessed  as  township  school  tax. 

35.  It,  shall  be  the  duty  of  the  District  Clerk  of  any  school  district 
to  deposit  with  the  Township  Collector,  or  other  legal  custodian,  all 
moneys  received  by  the  Board  of  Trustees  from  tuition,  loans,  pro- 
ceeds from  the  sale  of  bonds  or  other  school   property,  or  from  any 
other  source,  and  disburse  the  same  only  by  orders  upon  the  Collector 
of  the  township  in  which  said  school-house  is  located;  and  in  case  of 
the  refusal  of  a  District  Clerk  to  comply  with  the  above,  it  shall  be 
the  duty  of  the  County  Superintendent  to  serve  the  Collector  with  a 
written  notice  forbidding  him  to  honor  any  drafts  against  the  State 
moneys  until  the  provisions  of  this  rule  be  complied  with. 


132  RULES  AND  REGULATIONS 

36.  Every  County  Superintendent  shall  encourage  and  assist  in  the 
organization  and  management  of  County  Institutes,  as  the  Committee 
on  Education  may  direct,  and  be  present  at  and  preside  over  the  same. 

37.  He  shall  inquire  and  ascertain  whether  the  boundaries  of  the 
school  districts  in  his  county  are  definitely  and  plainly  described,  and 
shall  keep  in  his  office  a  full  and  correct  map,  showing  such  bounda- 
ries and  the  location  of  the  various  school-houses,  a  copy  of  which  he 
shall  furnish  to  the  State  Superintendent  of  Public  Instruction.     No 
changes  in  the  boundaries  of  school  districts  shall  be  valid  without  the 
approval  of  the  State  Superintendent. 

38.  No  changes  in   the  boundaries  of  districts,  in  which  district 
taxes  have  been  ordered,  shall  be  made  between  the  times  of  ordering 
and  assessing  the  same. 

39.  At  the  close  of  their  official  terms,  or  on  the  vacation   of  their 
office,  by  resignation  or  otherwise,  should  the  same  occur  during  the 
scholastic  year,  all  County  Superintendents  shall  report  to  the  State 
Superintendent  for  the  portion  of  the  year  that  may  have  expired,  as 
provided  for  in  the  47th  section  of  the  School  law,  with  reference  to 
their   annual    reports;    and  no    order   shall    be  given  for  their  last 
quarter's  salary  until  such  reports  are  received  in  a  manner  satisfac- 
tory to  the  State  Superintendent. 

40.  That   in   case  of  the  failure  of  any  County  Superintendent  to 
make  his  report  to  the  State  Superintendent  on  the  first  day  of  Sep- 
tember, as  required  by  law,  the  State  Superintendent  shall  not  give  to 
such  County  Superintendent  any  order  for  the  payment  of  salary  for 
the  quarter  next  succeeding  such  delinquency,  except  by  special  reso- 
lution of  the  State  Board  of  Education  for  this  purpose. 

41.  All  teachers  are  required   to  attend   the  annual   Institute  held 
for  the  county  in  which  they  are  teaching;  and  no  deduction  shall  be 
made  by  Trustees  from  the  salary  of  any  teacher  for  the  time  he  or 
she  is  in  attendance  upon  said  Institute. 

42.  When  it  is  within  the  knowledge  of  the  State  Superintendent 
that  a  County  Superintendent  is  not  attending  to  the  duties   of  his 
office,  he  shall  withhold  from  such  County  Superintendent  orders  for 
his  quarterly  salary  until  the  Board   shall  direct  such   orders   to   be 
drawn. 

43.  No  allowance  shall  be  made  for  office  rent  in  the  expenses  of 
the  County  Superintendents. 


FOR  SCHOOL  OFFICERS.  133 


44.  Whenever  there  is  a  vacancy  in  the  office  of  County  Superin- 
tendent, the  State  Superintendent  is  hereby  authorized  to  appoint  a 
suitable  person  as  County  Superintendent  pro  tempore  ;  said  appoint- 
ment to  be  approved  by  the  President  of  the  State  Board  of 
Education. 


Decisions 
By  State  Superintendent 


(135) 


Decisions  by  State  Superintendent. 


No.  1.— The   State  School   Moneys  Intended  Only  for  th©  School 

Year  beginning  July  1st  next  after  the 

Apportionment  is  made. 

As  the  amount  of  the  State  School  Tax  for  any  one  year  is  deter- 
mined by  the  number  of  children  of  school  age  as  contained  in  the 
next  preceding  school  census,  and  as  the  apportionment  of  the  State 
school  moneys  is  made  upon  the  basis  of  the  number  of  such  children 
in  the  respective  school  districts,  it  is  the  evident  intention  of  the 
statute  that  these  school  moneys  should  be  applied  for  the  maintenance 
of  the  school  during  the  school  year  beginning  July  1st  next  after  the 
apportionment  is  made. 

In  the  case  of  the  Board  of  Education  of  Elizabeth  vs.  Patrick 
Sheridan,  Collector,  tried  in  the  November  Term  of  the  Supreme 
Court  in  1879,  Juctice  Scudder  held  that  the  "  School  Taxes  are  to  be 
levied  and  applied  for  the  fiscal  year  succeeding  the  assessments,  and 
not  for  the  preceding  year." 

The  same  rule  will  prevent  the  application  of  these  taxes  to  a  suc- 
ceeding year. 

In  each  year  a  large  number  of  children  pass  beyond  the  school 
age,  and  a  large  number  of  children  just  enter  it,  so  that  each  year 
has  a  school  generation  of  its  own.  It  is  the  generation  of  each  year 
that  is  to  be  benefited  by  the  school  tax  of  that  year,  and  not  a  future 
generation. 


No.  2.— Official  A.cts  of  Trustees. 

For  any  act  of  a  district  clerk  which  requires  the  sanction  of  the 
school  trustees,  it  is  not  sufficient  that  the  said  trustees  individually 
consent.  The  trustees  of  the  school  district  are  municipal  officers. 
All  of  their  official  acts  must  be  performed  in  their  corporate  capacity 

(137) 


138       DECISIONS  BY  STATE  SUPERINTENDENT. 

at  a  regularly  convened  meeting,  of  which  all  should  have  notice  and 
in  which  all  have  opportunity  to  participate. 

No.  3.— Suspension  of  Pupils. 

Section  81  of  the  School  Law,  so  far  as  it  relates  to  the  suspension 
of  pupils,  does  not  confer  that  power  upon  assistant  teachers  in  graded 
schools. 

As  such  a  construction  would  tend  to  interfere  with  the  proper 
supervision  of  the  school  by  the  principal,  I  decide  that,  in  a  graded 
school  which  is  under  the  general  supervision  of  a  principal,  the  sec- 
tion is  restricted,  in  its  application  to  the  principal,  and  does  not  give 
the  right  of  suspending  pupils  to  assistant  teachers. 


No.  4.— Salaries  of  City  Superintendents  not  to  be  paid  from  the 
State  School  Moneys. 

As  the  State  provides  supervision  by  County  Superintendents, 
who  are  not  paid  out  of  the  State  school  moneys,  and,  as  City 
Superintendents  take  their  places,  and  do  their  work  in  cities,  I 
think  that  City  Superintendents  should  not  be  paid  out  of  the  State 
school  moneys. 


No.  5.— Proceedings  in  Bonding  a  District. 

1.  The  notices  calling  a  district  meeting  to  authorize  the  trustees  to 
issue  district  bonds  must  be  ordered  at  a  regularly  called   meeting  of 
the  board  of  education,  and  must  be  signed  by  the  president  and  dis- 
trict clerk.     The  board  must  decide  for  what  purpose  or  purposes  the 
district  meeting  shall  be  called.     Full  and  accurate  minutes  of  the 
meeting  of  the  board  must  be  kept. 

2.  The  notice  calling  the  district  meeting  must  state  all  the  pur- 
poses of  said  meeting,  as  decided  upon  at  the  meeting  of  the  board, 
and  must  be  posted  not  less  than  ten  days,  in  at  least  seven  public 
places  in  the  district,  one  being  posted  on  each  school-house. 

3.  The  district  meeting  must  decide  the  amount  of  money  to  be 
appropriated  to  each  object  for  which  money  is  ordered  to  be  raised, 


DECISIONS  BY  STATE  SUPERINTENDENT.       139 

and  the  total  amount  voted  must  not  exceed  the  amount  stated  as 
thought  to  be  necessary  in  the  notices.  A  majority  of  the  taxable 
voters  of  the  district  must  be  present  and  vote  on  any  proposition  for 
the  condemnation  of  land. 

On  all  other  questions  a  majority  vote  of  the  legal  voters  present 
at  the  meeting  is  all  that  is  required. 

The  district  meeting  must  decide  the  number  of  bonds  to  be  issued, 
the  denomination  of  the  bonds,  and  the  time  or  times  of  payment. 

All  proceedings  must  be  approved  by  the  Attorney  General  before 
the  bonds  are  issued.  One  copy  of  each  of  the  following  papers  must 
be  sent  to  the  Attorney-General  and  one  copy  to  the  State  Superin- 
tendent, viz.  : 

1.  Minutes  of  the  meeting  of  the  Board  of  Education  at  which  the 
posting  of  the  notice  was  ordered. 

2.  The  notice  calling  the  district  meeting. 

3.  Minutes  of  the  district  meeting. 

These  papers  must  be  verified  by  an  affidavit  showing  that  they 
are  true  copies,  and  that  the  notices  were  posted  according  to  law. 

If  the  school  meeting  has  voted  on  any  proposition  for  the  con- 
demnation of  land,  there  must  also  be  an  affidavit  showing  that  a 
majority  of  the  taxable  voters  were  present  and  voted  thereon. 

On  any  question  to  raise  money  for  any  school  purpose  the  vote 
must  be  taken  by  ballot. 

The  minutes  of  the  Board  of  Education  meeting  and  the  notice  of 
the  district  meeting  should  be  sworn  to  by  the  District  Clerk.  The 
minutes  of  the  district  meeting  should  be  sworn  to  by  the  secretary  of 
said  meeting. 

No.  6— School  Residence  of  Children. 

The  fact  of  a  child's  name  being  included  in  the  census  of  any  par- 
ticular district  does  not  give  such  child  a  right  to  attend  school  in 
that  district  after  he  has  lost  his  residence  there.  The  school  census 
is  taken  simply  to  determine  the  amount  of  money  to  be  raised  for 
school  purposes,  and  to  enable  the  Superintendent  to  apportion  the 
money  among  the  several  districts  according  to  their  needs. 

A  child  has  the  right  to  attend  the  school  in  the  district  in  which 
he  is  actually  living  and  in  no  other  district.  The  fact  that  he 


140      DECISIONS  BY  STATE  SUPERINTENDENT. 


comes  into  the  district  on  Monday  morning  and  remains  until  Friday, 
simply  for  the  purpose  of  attending  the  school,  does  not  give  him 
such  a  right.  The  residence  of  a  child  is  generally  to  be  determined 
by  the 'residence  of  its  parents  or  guardians.  There  are,  however,  ex- 
ceptions to  this  rule ;  for  instance,  if  a  child  is  working  and  living 
with  the  person  for  whom  he  works,  or  boarding  away  from  his 
parents  in  order  that  he  may  be  nearer  his  work,  such  a  child  would 
have  the  right  to  attend  the  school  in  the  district  in  which  he  was  at 
work ;  also  if  a  child  were  living  with  his  grandparents  or  other 
relatives,  not  merely  for  the  purpose  of  going  to  school,  but  a  bona 
fide  residence,  such  a  child  would  also  have  the  right  to  attend  the 
school  in  the  district  in  which  he  was  actually  living. 


No.  7.— Collectors  to  Return  to  Districts  the  Exact  Amounts 
Ordered  to  be  Raised  by  District  Tax. 

A  School  District  may  order  to  be  raised,  by  District  Tax,  the  exact 
amount  required  to  .enable  it  to  fulfill  its  contracts  and  obligations. 
When  the  tax  is  collected,  the  Collector  must  place  the  sum  to  the 
credit  of  the  District,  or  be  held  responsible  for  his  failure  to  do  so. 


No.  8.— Fees  of  Assessors  and  Collectors  Not  to  be  Taken  Out  of 
the  School  Moneys. 

Assessors  and  Collectors  are  township  officers  and  must  be  paid  out 
of  township  moneys  provided  for  that  purpose.  Their  fees  cannot  be 
taken  from  the  school  moneys,  whether  such  school  moneys  are  raised 
by  tax  or  are  derived  from  other  sources. 


No  9.— Who  are  Legal  Custodians  of  the  School  Moneys. 

Our  School  Law  nowhere  provides  that  Boards  of  Education  or 
District  Clerks  shall  have  the  custody  of  any  school  moneys  belonging 
to  the  Districts.  It  is,  on  the  contrary,  clearly  the  intention  of  the 
law  that  such  district  officers  shall  not,  in  any  case,  have  such  moneys 
in  their  custody,  but  that  the  moneys  shall  be  held  by  some  one  else, 
subject  to  their  order,  and  that  they  shall  be  paid  out  by  the  custodian 
only  on  orders  signed  by  the  President  and  District  Clerk. 


DECISIONS  BY  STATE  SUPERINTENDENT.       141 

The  Township  Collectors  are  made  the  custodians  of  all  school 
moneys  belonging  to  the  Townships. 

In  cities,  the  City  Treasurer  is  made  the  legal  custodian  of  the 
school  moneys. 

In  boroughs,  the  Borough  Collector  is  the  legal  custodian  of  all 
school  moneys. 

'  No.  1O.— Incompatible  Offices. 

There  is  no  statute  in  this  State  that  I  know  of,  nor  is  there  any 
decision  that  I  can  find,  bearing  upon  the  question  as  to  whether  a 
person  may  act  as  District  Clerk  and  as  Township  Assessor  at  the 
same  time.  In  giving  my  opinion,  the  only  guide  that  I  have  is  the 
Common  Law  principle  that  a  person  cannot  hold  two  offices  that  are 
incompatible ;  or,  where  the  duties  of  the  one  interfere  with  or  are 
inconsistent  with  the  duties  of  the  other.  For  instance,  a  person  can- 
not be  at  the  same  time  employer  and  employee ;  or,  holding  one 
office,  take  another  where  his  duties  will  be  to  fix,  or  help  to  fix,  his 
own  salary,  or  determine  his  duties  in  his  other  office ;  or  hold  two 
offices  where  one  is  designed  as  a  check  upon  the  other,  or  where  the 
duties  of  the  one  are  such  as  to  interfere  with  or  prevent  his  perform- 
ance of  the  duties  of  the  other. 

Now,  let  us  see  whether  the  offices  of  District  Clerk  and  Township 
Assessor  come  within  this  principle.  The  duties  of  a  District  Clerk 
are  such  that  he  need  not  neglect  them  to  do  the  work  of  an  assessor, 
and  vice  versa,  neither  office  is  intended  to  be,  nor  is  it,  in  fact,  a  check 
upon  the  other.  The  only  official  business  relation  between  the  two 
officers  is  when  the  District  Clerk  is  required  to  certify  to  the  Assessor 
the  amount  of  money  voted  to  be  raised  by  district  taxation.  The 
only  purpose  of  this  notice  is  to  give  to  the  proper  tax  officer  the 
necessary  information.  I  cannot  see  that  the  duties  of  either  office 
are  incompatible  with  the  duties  of  the  other,  and,  therefore,  my 
opinion  is  that  one  person  can  legally  hold  both. 

No.  11  —School  Holidays. 

No  teacher  shall  be  required  to  teach  on  January  1st,  February  22d, 
May  30th,  July  4th,  the  first  Monday  in  September  (Labor  Day)j 
Thanksgiving  Day,  December  25th,  nor  on  any  day  on  which  a 


142      DECISIONS  BY  STATE  SUPERINTENDENT. 

general  election  is  held  (an  election  for  State  officers)  or  any  day  set 
apart  by  proclamation  of  the  Governor  of  this  State,  or  the  President 
of  the  United  States,  for  the  purpose  of  public  observance,  nor  upon 
the  Monday  following  when  any  of  the  above-named  days  fall  on  a 
Sunday. 

If  any  of  the  above  days  fall  on  a  Saturday,  it  is  not  to  be  counted 
as  a  school  day  in  making  up  the  teacher's  time  or  the  school  term. 
If  it  falls  on  a  Sunday,  the  Monday  following  is  to  be  counted  as  a 
school  day,  though  no  school  be  held.  If  it  falls  on  any  other  day  in 
the  week,  it  is  to  be  counted  as  a  school  day,  as  though  the  school  had 
been  held. 

Teachers  cannot  be  required  to  make  up  any  time  lost  by  not  teach- 
ing on  any  of  the  above  days. 

No.  12.— Collection  of  Delinquent  Taxes. 

In  case  of  a  failure  to  collect  a  school  tax,  the  property  liable  for 
the  tax  may  be  sold  and  the  tax  recovered  in  the  same  manner  as 
township  taxes  are  recovered. 

When  a  Collector  sells  property  for  the  taxes  in  pursuance  of  a  writ 
from  the  Township  Committee,  he  shall  retain  the  amount  belonging 
to  the  School  district  and  pay  the  balance  of  the  proceeds  over  to  the 
Township  Treasurer. 

If  the  Township  purchases  the  property  sold  for  taxes,  it  should 
pay  over  to  the  Township  Collector  the  amount  belonging  to  the 
School  District,  as  any  other  purchaser  would  have  to  do.  In  no  case 
should  the  Township  Treasurer  retain  in  his  custody  money  belonging 
to  the  School  District.  He  is  only  authorized  to  hold  such  moneys 
as  are  subject  to  the  orders  of  the  Township  Committee,  and  the  pro- 
ceeds of  a  School  tax  are  not  subject  to  their  order. 

Such  a  course  is  absolutely  necessary  to  the  carrying  out  of  the 
School  Law.  The  citizens  of  a  School  District  are  authorized  by  law 
to  vote  taxes  for  certain  purposes.  Having  notified  the  Assessor  of 
such  vote,  they  may  make  their  contracts  for  the  year  based  upon  the 
amount  of  tax  voted.  The  duty  of  levying  and  collecting  the  tax 
rests  with  the  Township,  which  is  vested  with  ample  powers.  If  the 
taxing  officers  fail  to  collect  the  tax  voted,  the  powers  of  the  incorpor- 
ated School  District  are  destroyed,  and  the  duties  which  the  law 
imposes  upon  its  officers  and  people  cannot  be  performed. 


DECISIONS  BY  STATE  SUPERINTENDENT.       143 

The  School  Law  is  not  perfect  in  itself  in  the  matter  of  taxation, 
because  it  does  not  provide  for  the  collection  of  delinquent  taxes ;  for 
this  purpose  it  relies  on  the  general  tax  laws.  But  these  are  not  per- 
fect so  far  as  relates  to  the  schools,  because  they  require  the  moneys 
received  for  delinquent  taxes  to  be  paid  to  the  Township  Treasurer, 
and  do  not  require  that  they  shall  be  returned  to  or  paid  over  to  the 
Township  Collector  to  be  placed  to  the  credit  of  the  Board  of  Educa- 
tion. But  law  never  contemplates  its  own  defeat,  nor  can  it  justify 
injustice  or  misapplication  of  money,  and  we  cannot  shield  ourselves 
with  one  law  while  violating  another.  We  must  take  the  tax  acts 
and  the  school  acts  together,  and  carry  out  the  spirit  as  well  as  the 
letter  of  both. 


No.  13.— Meetings  for  the  Election  of  President  and 
District  Clerk. 

The  School  Law  provides  that  Boards  of  Education  shall  meet  for 
the  election  of  a  President  and  District  Clerk  within  ten  days  of  the 
annual  election  for  members  of  the  Board.  Neither  the  time  nor 
the  place  is  definitely  fixed.  The  law  is  silent  as  to  who  shall  call  the 
meeting  and  fix  the  time  and  place.  The  Trustees  may  do  it  them- 
selves at  a  previous  meeting,  or  a  majority  of  them  may  agree  upon 
and  sign  a  call  to  be  duly  sent  to  the  minority.  If  this  is  not  done 
by  the  Trustees,  or  a  majority  of  them,  it  is  plainly  the  duty  of  the 
clerical  officer  of  the  District,  viz.,  the  District  Clerk,  to  call  such 
meeting,  and  name  the  time  and  place. 


Blanks  and  Forms 


For  School  Officers 


(145) 


10 


Blanks  and  Forms  for  School  Officers. 


The  following  Forms  have  been  prepared  for  the  use  of  all  officers 
having  duties  to  discharge  under  the  School  Law.  Their  use  will 
secure  uniformity  and  correctness  in  the  transaction  of  financial  and 
general  school  business.  The  literal  use  of  these  Forms  is  in  no  case 
essential  to  the  validity  of  a  school  instrument.  Any  form  may  be 
used  which  clearly  expresses  the  objects  designed,  or  the  intention  of 
the  parties  interested,  and  conforms  in  all  respects  to  the  requirements 
of  the  law,  but  as  those  annexed  have  been  prepared  with  strict  refer- 
ence to  these  necessary  conditions,  their  use  is  recommended.  The 
blank  spaces  are  to  be  filled  to  meet  the  varying  circumstances  in  each 
case.  These  forms  have  been  submitted  to  and  approved  by  the  State 
Board  of  Education. 

ADDISON  B.  POLAND, 
State  Superintendent  of  Public  InstructioD. 


(147) 


Forms  for  County  Superintendents. 


Form  No.  1.— Notice  of  Institute. 

,N.J,  ,18 

The  Teachers'  Institute  for  County  will  be  held  at  , 

commencing  18...,  and  closing  18 

,  County  Superintendent. 

RULE  PRESCRIBED  BY  THE  STATE  BOARD  OF  EDUCATION. — "All  Teachers  are 
required  to  attend  the  Annual  Institute,  held  for  the  county  in  which  they  are 
teaching,  and  no  deduction  shall  be  made  by  Trustees  from  the  salary  of  any 
Teacher  for  the  time  he  or  she  is  in  attendance  upon  said  Institute." 


Form  No.  2.— Certificate  of  Teacher's  Attendance  at  Institute. 

,  N.  J.,  ,  18 

To  the  Trustees  of  School  District  No : 

I  hereby  certify  that  has  been  in  attendance  at  the  Annual 

Institute  of  the  County,  just  closed,  days. 

,  County  Superintendent. 


Form  No.  3.— Statement  of  Expenses. 

..,N.  J.,  ,18 


To  the  State  Board  of  Education  : 

I  herewith  submit  a  statement,  by  items,  of  the  expenses  I  have 
incurred  in  the  performance  of  my  official  duties  as  County  Superin- 
tendent of County,  for  the  six  months  ending ,  18  

(149) 


150  BLANKS  AND  FORMS 


OFFICE    EXPENSES. 


Postage,   . 
Expressage, 
Stationery, 
Printing, 


MISCELLANEOUS    EXPENSES. 


EXPENSES   INCURRED    IN   VISITING   SCHOOLS. 


Week  ending ,  visited  Schools  Nos 

Week  ending ,  visited  Schools  Nos, 


SUMMARY. 

• 

Office  expenses,          ...... 

Miscellaneous  expenses,     ..... 

Expenses  incurred  in  visiting  schools, 
Total,    .         .         .         . 

Total  number  of  districts  in  the  County, 
Total  number  visited  during  the  six  months  ending, 
18 ,     . 


STATE  OF  NEW  JERSEY, 


COUNTY.        / 


On  this day  of ,  18 ,  before  me  personally 

appeared   ,  County  Superintendent  of County,  who,  on 

his  oath,  saith  that  the  within  statement  is  true,  and  that,  to  the  best 
of  his  knowledge  and  belief,  he  has,  during  the  time  for  which  this 
statement  is  made,  faithfully  performed  all  the  duties  imposed  by  the 
School  Law  and  by  the  regulations  of  the  State  Board  of  Education. 

Sworn  and  subscribed  before  me  ) 

this day  of. ,  18...  J          


FOR  SCHOOL  OFFICERS.  151 


Form  No.  4.— Order  on  County  Collector  for  the  $100.000 
Appropriation. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

,N.J., ,18... 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Collector  of Township,  

Dollars,  being  the  amount  apportioned  out  of  the  State  Appropriation 
of  $100,000  for  the  support  of  Public  Schools  in  said  Township,  for 

the  School  Year  beginning  July  1st,  18...,  $ 

$ .  .......  County  Superintendent. 


Form  No.  5.— Order  on  the  County  Collector  for  the  State 

School  Tax. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  1 

,KJ.f  ,18....      / 

To  the  Collector  of County  : 

Pay  to  the  order  of  the  Collector  of Township,  

YO^Dollars,  being  the  amount  apportioned  out  of  the  State  School  Tax 
for  the  support  of  Public  Schools  in  said  Township,  for  the   School 

Year  beginning  July  1st,  18 

$ ,  County  Superintendent. 


Form  No.  6.— Order  on  the  County  Collector  for  the  Interest  of 

Surplus  'Revenue. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

,N.J ,18.... 

To  the  Collector  of  County: 

Pay  to  the  order  of  the  Collector  of Township,  

Yij-g-Dollars,  being  the  amount  apportioned  out  of  the  Interest  of  the 
Surplus  Revenue  for  the  support  of  Public  Schools,  for  the  School 

Year  beginning  July  1st,  18 

$ ,  ,  County  Superintendent. 


152  BLANKS  AND  FORMS 


Form  No.  7.— Order  on  County  Collector  for  Balances. 

}OUNTY   SUPERINTENDEN 
,  N.  J.,  ....,18.... 


OFFICE  OF  COUNTY  SUPERINTENDENT,  1 


To  the  Collector  of  County  : 

Pay  to  the  order  of  the  Collector  of  Township,  ...  

Y^Dollars,  being  the  amount  of  balance  of  the  State  appropriation 
re-apportioned  to  said  Township  for  the  support  of  Public  Schools, 

for  the  School  Year  beginning  July  1st,  18 

$ }  County  Superintendent. 


Form  No.  8.— Order  on  the  County  Collector  for  Examiner's 

Salary. 

No OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

N.  J.,  ,18 / 

To  the  Collector  of  County  : 

Pay  to  the  order  of  ,  County  Examiner,  y^ 

Dollars,  being    the    amount   due  him    for    services    and    traveling 
expenses  at  the  ,  18 ,  session  of  the  Board  of  County  Ex- 
aminers. 
$ ,  County  Superintendent. 


Form  No.  9.— Appointment  to   Fill  a  Vacancy  in  a   Board  of 

Education. 

To  : 

The  office  of  one  of  the  Board  of  Education  of  the  Township  of 

,...,  in   the  County  of ,  having  become  vacant  through 

failure  of  the  District  to  elect  according  to  law  [or  for  any  other 
reason],  you  are  hereby  appointed  to  fill  such  vacancy,  until  the  next 
annual  meeting  for  the  election  of  Trustees  in  said  District. 

Dated  this  day  of ,  18 

,  County  Superintendent. 


FOR  SCHOOL  OFFICERS.  153 


Form  No.  10  —Appointment  of  a  District  Olerk. 

To  : 

The  office  of  District  Clerk  of  the  Township  of  ,  in  the 

County  of  ,  being  vacant  through  failure  of  the  Trustees  to 

elect  according  to  law  [or  for  any  other  reason],  you  are  hereby 
appointed  to  fill  such  vacancy  until  the  next  annual  meeting  for  the 
election  of  Trustees  in  said  District. 

Dated  this  day  of ,  18 

,  County  Superintendent. 


Form  No.  11.— Notice  to  Township  Collector,  directing  him  to  with- 
hold School  Moneys  from  a  Teacher. 

To  the  Township  Collector  of Township: 

SIR  : — You  are  hereby  directed  to  withhold  all  further  payment  of 

salary  to ,  a  teacher  now  employed  in  School  No , 

situated  in  your  Township,  said  Teacher  not  being  in  possession  of  a 
certificate  [or  not  having  fapt  the  School  Register'],  as  is  required  by  the 
School  Law. 

Dated  this day  of ,  18...... 

,  County  Superintendent. 


Form  No.  12.— Notice  to  Township  Collector,  Directing  Him  to 
Withhold  School  Moneys  from  a  District. 

To  the  Township  Collector  of Township: 

SIR  : — You  are  hereby  directed  to  withhold  [here  state  the  amount 
in  words]  from  the  school  moneys  apportioned  to  your  Township  [here 
state  the  reason  why  the  money  is  withheld']. 

Dated  this day  of ,  18 

,  County  Superintendent 


154  BLANKS  AND   FORMS 


Form  No.  13.— Notice  of  Meeting  for  Examination,  of  Teachers, 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the  County 
Board  of  Examiners  of  ,  County,  for  the  examination  of  candi- 
dates for  teachers'  certificates  at  ,  on ,  the instant. 

Each  applicant  for  a  certificate  should  be  present  as  early  as 

o'clock  A.  M. 

,  County  Superintendent. 

,18 


Form  No.  1 4  —Notice  to  Teacher  Revoking  His  Certificate. 

To  : 

SIR  : — The  certificate  of  qualification    held    by  you  as  a    Public 

School    teacher    in    the    County  of ,  issued  on    the  day 

of ,  18 ,  is  hereby  revoked,  for  the  reason  that  [here  state 

reason  why  certificate  is  revoked]. 

Dated  this  day  of ,  18 

,  County  Superintendent. 

See  Rule  5  of  the  State  Board  of  Education. 


Form  No.  15.— Notice  to  District  Olerk  informing  him  of  the 
Revocation  of  Teacher's  Certificate. 

To ,  District   Clerk    of    the   Township   of , 

of  the  County  of  : 

SIR: — You  are  hereby  notified  that  on  the  day  of 

18 ,  I  revoked  the  certificate  of  qualification  held  by 

,  a  teacher  in  your  Township,  for  the  reason  that,  in  my 

opinion,  the  said does  not  possess  the  requisite 

qualifications  as  a  teacher  in  respect  to  [moral  character,  learning  or 
ability  to  teach,  as  the  case  may  be]. 

Dated  this  day  of ,  18...... 

,  County  Superintendent. 

NOTE.— When  a  teacher's  certificate  is  revoked,  a  notice  similar  to  the  above 
should  also  be  eent  the  Collector  of  the  Township  in  which  the  Teacher  has 
been  engaged. 


FOR  SCHOOL  OFFICERS.  155 


Form  No,  16.— Notice  to  Township  Collector  of  Apportion ment 

of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  1 

,N.J,  ,18 / 

To  the  Collector  of  Township  : 

The  amount  of  balances  of  the  State  Appropriation  due  your  Town- 
ship, under  the  act  of  1887,  is  $  

,  County  Superintendent. 


Form  No.  17.— Notice  to  District  Clerk  of  Apportionment 

of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  1 

,N.J,  ,18 / 

,  D.  C.,  District  No 

I  have  this  day  apportioned  to  your  District,  from  the  Balances  of 

the   State    Appropriation,  the  sum  of   $ for  the  school  year 

beginning  July  1st,  18... 

,  County  Superintendent. 


Form  No.  1 8.— Certificate  of  County  Superintendent 
in  Appeals. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  1 

N.  J.,  ,18...      / 

To ,  State  Superintendent  of  Public  Instruction  : 

SIR:— I  transmit,  herewith,  a  full  and  correct  statement   of  the 
facts  and   documentary    evidence    presented    to    me    in    the   case   of 

vs ,  together  with   my  decision   thereon,  from   which 

appeal  has  been  taken  to  the  State  Department. 

I  certify  that  the  accompanying  statement  is  correct  to  the  best  of 
my  knowledge  and  belief. 

,  County  Superintendent  for  County. 

NOTE.— The  above  certificate  should  be  furnished  by  the  County  Superin- 
tendent in  cases  of  appeal,  when  requested  by  the  State  Superintendent. 


156  BLANKS  AND  FORMS 


Form  No.  19  —Form  of  Certificate  Condemning  a  Sohool -House. 

This  is  to  certify  that  I,  the  undersigned,  have  this  day  condemned 

public  school-house  No ,  in  the  Township  of  and  County 

of  ,  as  being,  in  its  present  condition,  unfit  for  use. 

Dated  this  day  of  ,  18 

,  -County  Superintendent. 

NOTE. — This  certificate  is  held  by  the  County  Superintendent,  and  the  school- 
house  remains  condemned  until  repaired  or  rebuilt. 


Forms  for  City  Superintendents. 


Form  No.  20.— School-House  Bond  for  Use  in  Incorported 

Cities. 

STATE  OF  NEW  JERSEY. 

DISTRICT  SCHOOL  BOND. 

No ( 

School  District  No ,  County. 

Know  all  men  by  these  presents,  that  ,  in  the  County  of 

.,  which  municipality  is  also  designated  and  known  as  School 

District  No ,  in  the  County  of  ,  is  justly  indebted  unto 

"  The  Trustees  for  the  Support  of  Public  Schools  of  the  State  of  New 

Jersey"  in  the  sum  of  dollars,  lawful  money  of  the  United 

States  of  America,  to  be  paid  to  the  said  "  The  Trustees  for  the  Sup- 
port of  Public  Schools  of  the  State  of  New  Jersey  "  on  the  day 

of  ,  eighteen  hundred  and   ,  at  the   Bank,  at 

t  with  interest  therefor  from  the  date  hereof,  at  the  rate  of  five 

per  centum  per  annum,  payable  annually  on  the  ......  day  of 

in  every  year,  at  the  Bank,  at  ,  on  the  presentation  of 

the  annexed  coupons  as  they  severally  become  due. 

This  is  one  of  a  series  of  coupon  bonds,  amounting  in  the  aggregate 
to  the  sum  of  dollars,  numbered  from  ......  to  , 


FOR  SCHOOL  OFFICERS.  157 


both  inclusive.     And  all  of  said  bonds  have  been  issued  for  money 
borrowed  by  the  said   ....................   for  the  purpose  of  building  a 

school-  house  in  said  municipality  or  School  District,  pursuant  to  the 
statute  entitled  "  A  further  supplement  to  an  act  entitled  '  An  act  to 
establish  a  system  of  public  instruction'  (Revision),  approved  March 
twenty-seventh,  one  thousand  eight  hundred  and  seventy-  four/'  which 
said  .supplement  was  approved  May  sixth,  one  thousand  eight  hundred 
and  eighty-  nine,  and  by  and  with  the  consent  of  the  ..................... 

of  said  municipality  lawfully  given,  on  the  .........  day  of  ........  ,  in 

the  year  one  thousand  eight  hundred  and  .........  ,  said  .................. 

being  the  body   having  charge  and  control  of  the  finances  of  said 
municipality  ;  and  this  bond,  by  virtue  of  the  provisions  of  said  stat- 
ute, is  made  a  first  lien  upon  the  lot  of  land  upon   which  the  school- 
house  which  shall  be  erected  with  the  proceeds  of  the  sale  of  said 
bonds,  and  also  a  first  lien  upon  said  school-house  and  all  other  im- 
provements, of  whatever  nature,  that  are  now  on  or  that  may  here- 
after be  placed  on  said  lot. 

In  witness  whereof,  on  this  ,  ........  day  of  .........  ,  in  the  year  one 

thousand  eight  hundred  and  .........  ,  this  bond  is  signed  by  the  Presi- 

dent and    Secretary  of   the    .........    of  said    School    District,    and 

attested  by  the  Secretary  under  the  seal  of  the  District. 

..................  ,  President. 

..................  ,  Secretary  of  ihe  Board 

Attest:  of  .........  of  the  ......... 

..................  ,  Secretary. 

DISTRICT  SCHOOL  BOND  COUPON. 


Interest  warrant  for  ........    dollars,  payable  at  the    .........  Bank, 

at  .........  ,  New  Jersey,  to  the  Trustees  for  the  support  of  Public 

Schools   of  the  State  of  New  Jersey,    .........  ,    18  ......  ,    for    twelve 

months'  interest  on  Bond  No.  . 


Secretary. 

The  within  bond  having  been  issued  by  and  with  the  consent  of 
the of  the ,  the  payment  of  the  same  is  hereby  guaran- 
teed by  


158  BLANKS  AND  FORMS 

In  witness  whereof  on  this  day  of ,  in  the  year  one 

thousand  eight  hundred  and   ,  the  of  said  municipality 

have  hereunto  signed  their  names  and  affixed  the  corporate  seal  of  said 
municipality. 


Attest : 


For  forms  for  Application  for  State  Aid  to  School  Libraries,  Appli- 
cation for  State  Aid  for  Manual  Training,  Application  for  Loan  from 
State  School  Fund,  and  Report  of  School  Debt,  see  under  heading 
"  DISTRICT  CLERKS." 


Forms  for  District  Clerks 


Form  No.  2 1  .—Report  of  District  Olerk  to  County  Superintend- 
ent of  the  Amount  of  District  School  Tax  Ordered  to  be 
Raised. 

To    ,  County  Superintendent  of County: 

The  legal  voters  of  the  School  District  of  the  Township  of , 

in  the  County  of ,  met  at  ,  a  convenient  public  place 

within  the  District,  on  the  day  of  ,  18 ,  and  notice 

thereof,  setting  forth  the  time,  place  and  object  of  said  meeting,  speci- 
fying    dollars  as  the  amount  of  money  thought  necessary  to  be 

raised,  was  given  by  the  District  Clerk,  and  set  up  at  seven  public 
places  within  the  District  ten  days  before  the  meeting,  and  the  said 
legal  voters,  so  met,  by  the  consent  of  a  majority  of  those  present, 

authorized   the  Board   of   Education    of  said    District    ,  and 

ordered,  by  a  like  vote,  dollars  for  the  purpose  of , 

and  dollars  for  the  purpose  of  ,  amounting  in  all  to 

dollars,  which  sum  is  not  in  excess  of  the  amount  thought  to 
be  necessary  as  set  forth  in  the  notices. 

Dated  this  day  of  ,  18 

.  District  Clerk. 


FOR  SCHOOL  OFFICERS.  159 


STATE  OF  NEW  JERSEY,  1  gg 

COUNTY  OF  / 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  Township  of  ,  in  the  County  of  , 

and  that  the  above  statement  is  correct  and  true. 

Sworn  and  subscribed  before  me  this  day  of  .v 18 


Form  No.  22  —Certificate  of  the  amount  of  School  Tax  voted  to  be 
raised  ID  a  School  District,  to  be  delivered  by  the  District  Clerk 
to  the  Township  Assessor. 

To ,  Assessor  of Township,    County,  State  of 

New  Jersey  : 

The  legal  voters  of  the  School  District  of  the  Township  of  , 

in  the  County  of ,  met  at  ,  a  convenient  public  place 

within  the  District,  on  the  ,  day  of  ,  18 ,  a  notice 

thereof,  setting  forth  the  time,  place  and  object  of  said  meeting,  and 

specifying  dollars  as  the  amount  of  money  thought  necessary 

to  be  raised,  was  given  by  the  District  Clerk,  and  set  up  in  at  least 
seven  places  within  the  District,  ten  days  before  the  meeting;  and 
the  said  legal  voters,  so  met,  by  the  consent  of  a  majority  of  those 
present,  authorized  the  Trustees  of  said  District  [to  purchase  lands, 

etc. ,  as  the  case  may  be],  and  ordered   by  a  like  vote   dollars 

for  the  purpose  of  [as  purchasing  land],  and dollars  for  the 

purpose  of    [as  building  a  school  house],  etc.,  amounting  in    all    to 

dollars,  which  sum  is  not  in  excess  of  the  amount  thought  to 

be  necessary,  as  set  forth  in  the  notices,  and  you  are  therefore  directed 

to  assess  the  said  sum  of   dollars  on  the  inhabitants  of  said 

Township,  and  their  estates,  and  the  taxable  property  therein,  pursuant 
to  the  statute  in  such  case  made  and  provided. 

Dated  this  day  of ..,  18 

,  District  Clerk. 

STATE  OF  NEW  JERSEY,  1 

COUNTY  OF   ]  S8' 

...,  being  duly  sworn,  on  his  oath  saith  that  he  is  the  District 

Clerk  of  the  Township  of  ,  in  the  County  of  ....,   and 

that  the  above  statement  by  him  is  correct  and  true. 

Sworn   and   subscribed    before   me,  this  day  of    , 

18... 


160  BLANKS  AND  FORMS 


NOTES  TO  FORM  No.  22.— The  certificate  must  state  which  of  the  object  or 
objects  specified  in  Section  164,  for  which  the  money  is  raised.  3  Vr.  444.  If 
more  than  one  object  is  specified,  the  amount  of  money  apportioned  to  each 
must  be  stated.  7  Vr.  89. 

A  district  tax  ordered  for  the  purpose  of  "  maintaining  a  school"  is  illegal. 
The  express  purpose  for  which  the  money  is  to  be  used  must  be  stated  and 
voted  upon. 

The  law  requires  that  notice  of  the  above  action  should  also  be  sent  to  the 
County  Superintendent. 


Form  No.  23.— Order  on  Township  Collector  for  Teacher's 

Salary. 

No ,  N.  J.,  ,  18 

To..... ,  Township  Collector  for  the  Township  of  , 

County  of ,  State  of  New  Jersey: 

Pay  to  the  order  of  ,  Teacher,  y^Dollars, 

being  the  amount  of  salary  due  for  teaching  in  Public  School 

No ,  from  ,18 ,  to  ,18 

,  President.          \  Board  of  Education  of 

,  District  Ckrk.  J      the  Township  of 

I  hereby  certify  that  ,  the  Teacher  in  whose  favor 

this  order  is  drawn,  is  in  possession  of  a  Teacher's  Certificate,  in  full 
force  and  effect,  and  that  : has  properly  kept  the  School  Regis- 
ter, as  required  by  law,  and  that  I  have  certified  thereto  in  said 
Register. 

,  District  Clerk. 


NOTE.— Money  raised  by  district  tax  can  be  used  for  such  school  purposes  as 
are  specified  at  the  meeting  at  which  the  money  is  ordered.  All  other  school 
money,  except  twenty  dollars  annually,  which  the  law  allows  for  incidental 
expensep,  must  be  reserved  for  the  payment  of  teacher's  salary  and  fuel  bills. 

Payments  can  only  be  made  for  the  support  of  those  schools  that  conform  in 
all  respects  to  the  provisions  of  the  School  Law,  and  to  those  teachers  only 
who  possess  certificates  in  full  force  and  effect,  covering  the  time  for  which 


FOR  SCHOOL  OFFICERS. 


salary  is  demanded,  and  who  have  kept  the  School  Register  in  the  manner 
prescribed. 

The  collector  should  invariably  refuse  to  pay  orders  until  he  is  satisfied  that 
all  these  conditions  have  been  complied  with. 


Form  No.  24.— Order  on  Township  Collector  for  District  School 
Tax  Raised  for  Other  Purposes  than  the  Payment  of  Teacher's 
Salary. 

To   ,  Township  Collector  for  the  Township  of , 

County  of  ,  State  of  New  Jersey: 

Pay  to  the  order  of ,  ^  Dollars,  for  [here 

state  for  what  the  mo^liu  is  to  be  paid],  out  of  the  funds  raised  by  Dis- 
trict School  Tax  in  our  District,  now  in  your  hands. 

,  President.         \JBoardofEducationofthe 

,  District  Clerk.  )       Township  of 


Form  No.  25. — Notice  by  District  Clerk  to  County  Superintendent 
of  the  Election  of  Trustees. 

To  ,  County  Superintendent : 

SIR  : — You  are  hereby  notified  that  at  the  annual  school  meeting  in 

the  Township  of  ,  in  the  County  of ,  held  on  the  

day  of ,  18 ,  ,  was  elected  Trustee  in  the 

place  of  ,  whose  term  had  expired. 

The  Board  of  Education  now  consists  of — 

Mr ,    ,  whose  term  expires  18 

«  «    a    a    10 

j  J-O 

«  u     (t     (t    jo 

a  a     «     u    jo 

a  a     a     a    10 

j  lo 

«  «     «     «    |g 

u  u     u     «     10 

U  U       (C       U      Jg 

((  ((       «       U       10 

>  1O 

11 


162  BLANKS  AND  FORMS 


The  Trustees  have  elected  Mr President,  and  Mr. 

District  Clerk,  whose  post  office  addresses  are 

,  Secretary  of  School  Meeting. 


NOTE — This  notice  should  be  sent  to  the  County  Supeiintendent  as  soon 
after  the  election  as  possible.  It  may  be  sent  by  the  District  Clerk  or 
the  Secretary. 


Form  No.  26.— Application  for  State  Aid  to  Establish  a  School 

Library. 

,WN.J., ,18.... 

To  the  State  Superintendent  of  Public  Instru  .^u  : 

.     SIR: — We,  the  undersigned,  Trustees  of  School   District  of   the 

Township   of   ,  County  of  ,  State  of   New 

Jersey,  do  hereby  certify  that  there  has  been  raised  in  our  District,  by 
subscription,  [or  entertainment,  as  the  case  may  be,]  the  sum  of 

Dollars,  for  the  purpose  of  establishing  a  School  Library  in 

School  No ,  in  accordance  with  the  provisions  of  Section  185 

of  the  revised  School  Law.  And  we,  therefore,  request  you  to  send 
an  order  for  the  amount  due  us  from  the  State  in  accordance  with  the 
further  provisions  of  said  act. 

,  President. 

'....,  District  Clerk. 

STATE  OF  NEW  JERSEY,  1 

....County.  J 

.,  District  Clerk,  of  the  Township  of ,  in 

the  County  of ,  being  duly  sworn,  on  his  oath  saith  that  the 

within  statement  is  true. 


Sworn  and  subscribed  before  me,  this)  

day  of ,  A.D.  18... 

NOTE.— The  first  appropriation  is  twenty  dollars,  and  subsequent  ones  ten 
dollars. 


FOR  SCHOOL  OFFICERS.  163 

Form  No.  27.— Report  of  Purchases  Made  for  School  Library. 

,18 

To  the  State  Superintendent  of  Public  Instruction  : 

I  hereby  report  that  the  following  purchases  have  been  made  for 
our  School,  with  the  amount  raised  in  the  District,  and  the  appropria- 
tion received  from  the  State. 

,  District  Clerk. 

N.  B.— This  report  must  be  made  in  order  that  the  District  may  be  entitled 
to  future  payment?.  It  should  give  the  names  and  prices  of  the  several  arti- 
cles purchased. 


Form  No.  28 — Application  for  State  Aid  for  Manual  Training. 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR: — We  hereby  certify  that  for  the  school  year  beginning  Sep- 
tember 1st,  18 ,  there  has  been  raised  by in  the  township 

of ,  in  the  county  of.. ,  the  sum  of dollars,  for  the 

purpose  of course  of  Manual  Training  pursued  in  the  Schools 

of  the  Township,  and  that  said  amount  has  been  appropriated  for  such 
purpose. 

This  application  is  made  in  accordance  with  the  provisions  of  the 
act  of  the  Legislature  of  the  State  of  New  Jersey,  entitled  "An  act 
for  the  promotion  of  manual  training,'7  approved  February  15th, 
1888,  and  we  do  hereby  make  application  for  a  State  appropriation 
equal  to  the  sum  of  money  so  raised  and  appropriated  as  aforesaid. 

....,  President. 

Attest : 

,  District  Clerk. 


Form  No.  29 —Report  of  Proceedings   Authorizing   the   Issue  of 

Bonds. 

MINUTES  OF  BOARD  OF  EDUCATION  MEETING. 

Pursuant  to  notice  given  to  each  member,  the  Board  of  Education 
of  the  Township  of ,  in  the  Co.inty  of ,  met  at  ,  on 


164  BLANKS  AND   FORMS 


the day  of ,  18 ,  at .o'clock,  in  the 

There  were  present  Messrs On  motion  or  Mr itwasre- 

solved  that  the  District  Clerk  is  hereby  directed  to  post  notices  calling 
a  meeting  of  the  legal  voters  of  the  district,  said  meeting  to  be  held  at 

,  on  the day  of ,  at o'clock  in  the , 

and  that  in  said  notices  he  state  the  following  items  of  business  to  be 
acted  upon  at  said  meeting  : 


,  District  Clerk. 

STATE  OF  NEW  JERSEY,    1 

COUNTY  OF j 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the  District 

Clerk  of  the  Township  of    ,  in   the  County   of  ,  and 

that  the  foregoing  is  a  true  copy  of  the  proceedings  and  resolutions 
adopted  by  the  Board  of  Education  of  said  School  District  at  a  meet- 
ing held  on  the  day  of  ,  18 

Sworn  and  subscribed  before^ 

me  this  day  of 

18... 


7 


NOTICE. 

Notice   is   hereby  given  to   the  legal   voters  of  the  Township  of 

,  in  the  County  of ,  that  a  school  meeting  will 

be  held  at  ,  on  the  day  of  ,18 ,  at   

o'clock  in  the ,  at  which  meeting  will  be  submitted  the  follow- 
ing propositions : 


The  amount  of  money  thought  to  be  necessary  for  the  foregoing  is 

dollars. 

To  authorize  the  Board  of  Education  to  borrow  the  money  ordered 
to  be  raised  by  issuing  the  bonds  of  the  District. 

Dated ,  18 

D.  C.,)       Trustees  of 

\SchoolDistrict 

j      No 


FOR  SCHOOL  OFFICERS.  165 


STATE  OF  NEW  JERSEY,  "I  sg 

COUNTY  OF :         / 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the  District 

Clerk  of  the  Township  of   ,  in   the   County   of   ....:....,  and 

that  he  posted  copies  of  a   notice,  of  which  the  foregoing  is  a 

true  copy,  on   the  day  of  ,  18 ,  in   public   places   in 

said  District,  one  of  which   was  the  school- house,  and   that   the  said 
notices  were  posted  in  all  respects  according  to  law. 

Sworn  and  subscribed  before  "| 

me,  this  day  of ,  >  

18 j 


DISTRICT   MEETING. 

The  legal  voters  of  the  Township  of  ,  in  the  County  of 

met  at  ,  on  the  day  of  ,18 ,  at 

.  o'clock  in  the  ,  pursuant  to  legal  notice,  a  copy  of 

which  notice  is  hereto  appended.  Mr was  elected  Chairman, 

and  Mr ,  Secretary  of  the  meeting.  The  Secretary  read  the 

notice  calling  the  meeting. 

The  following  resolutions  were  adopte  J  : 

Resolced,  That  the  Board  of  Education  be  authorized  to  purchase, 
as  a  lot  on  which  to  build  a  school-house,  the  plot  of  land  situated  as 
follows  : 


The  cost  of  said  lot  not  to  exceed  the  sum  of dollars. 

The  vote  on  this  resolution   was  by   ballot — Ayes    ,   Nays 


Resoh'ed,  That  the  Board  of  Education  be  authorized  to  erect  and 
furnish  a  school-house  on  said  plot  of  land,  said  school-house  to  be 

built  of  and  to  contain  rooms,  and  to  cost  not  more 

than dollars. 

The  vote  on  this  resolution   was  by  ballot — Ayes     ,  Nays 


Resolved,  That  for  the  purpose  of  securing  the  money  needed  to 
purchase  said  lot  and  to  erect  and  furnish  said  school-house  the  sum 


166  BLANKS  AND  FORMS  ' 

of  dollars  be   raised   by  issuing  bonds  of  the  District,  in  the 

corporate  name  of  the  District,  in  the  denomination  of  each. 

The   vote  on   this  resolution  was  by  ballot — Ayes  ,  Nays 


Resolved,  That  one  bond  shall  be  issued  for  year  ,  one  for 

years,  one  for  years,  one  for  years. 

And  that  each  year  until  the  last  bond  is  paid  a  tax  shall  be  levied, 
according  to  law,  on  the  property  and  the  inhabitants  of  the  District 
sufficient  to  pay  the  bond  maturing,  together  with  the  accrued  interest 
on  those  then  outstanding. 

The  vote  on  this  resolution   was  by  ballot — Ayes   ,  Nays 


,  S1.  cretary. 

STATE  OF  NEW  JERSEY,  ) 

COUNTY  OF    j8' 

,  being  duly  sworn,  on  his  oath  saith  that  he  was  the  Secre- 
tary of  the  meeting  of  the  legal  voters  of  the  Township  of  ,  in 

the'County  of  ..,  and  that  the  foregoing  is  a  true  copy  of  the 

proceedings  and    resolutions   adopted    at   said  meeting,  and  that  all 
votes  taken  at  said  meeting  were  by  ballot. 

Sworn  and  subscribed  before^ 

me,  this day  of ,  >  

18... 


Form  No.  30.— Application  for  Loan  from  State  School  Fund. 

To  the  Trustees  for  the  Support  of  Public  Schools  for  the  State  of 
New  Jersey  : 

The  Board  of  Education  of  the  Township  of   ,  in   the  County 

of  ,  in  the  State  of  New  Jersey,  ask  to  borrow  of  the  Trustees 

for  the  support  of  Public  Schools  the  sum  of  dollars,  for  the 

purpose  of  pu  rehash  ing.  land  and  building  a  school-house  in  the  afore- 
said Township,  and  offer  as  security  for  said  loan  the  coupon  bonds 
of  the  School  District  to  the  amount  at  par  of  said  loan.  Said  loan 
and  bonds  were  authorized  by  the  inhabitants  of  said  District  when 
met,  upon  due  and  legal  notice,  for  that  purpose,  upon  the  


FOR  SCHOOL  OFFICERS.  167 

day  of ,  18 The  principal  of  said  loan  is  to  be  paid  in 

installments  of    dollars;  the  first  installment  to  be  paid  on 

the   day  of   ,18 ;  the   second   installment   to  be 

paid  on  the  day  of  ,18 

with  interest  from  date  at  the  rate  of  five  per  centum  per  annum, 
according  to  the  terms  aforesaid  ;  principal  and  interest  payable  at 

the  bank  at  ,  and  the  bonds  hereby  offered  are  of  the 

denomination  of  $ each,  and  are  numbered  from  to- , 

both  inclusive. 

We  submit  herewith  a  copy  of  the  proceedings  had  at  said  meeting 
of  said  inhabitants,  a  copy  of  the  minutes  of  the  meeting  of  the 
Board  of  Education  of  said  District  at  which  the  posting  of  the 
notices  calling  said  meeting  of  the  inhabitants  was  ordered,  a  copy  of 
the  notices  calling  said  meeting  duly  verified  by  affidavit,  and  the 
approval  of  the  Attorney- General  as  to  the  legality  of  said  proceed- 
ings. 

Dated. ,  N.  J.,  ,  18 

,  President, 

,  District  Clerk. 


Form  No.  31.— Directions  for  Bonding  a  District. 

1.  There  must  be  a  regularly-called  meeting  of  the  Board  of  Edu- 
cation, of  which  meeting  all  the  members  must  have  had  notice.     At 
that  meeting  the  Board  must  decide  on  the  amount  of  money  thought 
to  be  necessary.     If  land  is  to  be  purchased,  the  Board  must  decide 
upon   the  site  or  sites  they  think  suitable.     They   must  also  decide 
upon  the  time  for  holding  the  District  meeting,  and  the  form  of  the 
resolutions  to  be  inserted  in  the  notices  to  be  posted  by  the  District 
Clerk.     Full  minutes  of  the  meeting  must  be  kept. 

2.  The  District  Clerk  must  post  the  notices  ordered  by  the  Board 
at   least   ten    days    before  the   date  of  the     meeting    of   the    legal 
voters ;    the   day    the   notices    are    posted    must  not  be   counted  in 
the  ten  days.     The  notices  must  state  the  time  and  place  of  the  Dis- 
trict Meeting,  and  all  business  that  is  to  be  acted  upon.     It  must  state 


168  BLANKS  AND  FORMS 

if  land  is  to  be  purchased,  and,  if  so,  must  describe  the  plot  or  plots 
thought  to  be  suitable  by  the  Board.  The  Board  may  submit  more 
than  one  site,  if  they  think  best,  in  which  case  all  the  plots  must  be 
described  in  the  notices.  The  notices  must  also  state  the  amount  of 
money  thought  to  be  necessary.  It  is  not  necessary  to  divide  the 
amount  among  the  several  objects  in  the  notices.  The  notices  must 
also  state  that  the  question  of  authorizing  the  Board  to  issue  bonds 
will  be  submitted.  Not  less  than  seven  notices  must  be  posted,  one  of 
which. notices  must  be  posted  on  each  school-house  in  the  township. 

3.  The  district  meeting  must  decide  the  amount  of  money  to  be 
raised,  and  also  decide  what  portion  of  the  money  so  ordered  shall  be 
used  for  the  purchase  of  land,  and  what  portion  for  building  and  fur- 
nishing the  school-house.     The  aggregate  amount  ordered  raised  must 
not  exceed  the  sum  named  in  the  notices.     The  District  Meeting  must 
also  decide  how  many  bonds  shall  be  issued,  the  denomination  of  each 
bond,  and  the  time  of  its  payment.     It  must  also  select  a  site  from 
among  those  offered  by  the  Board  in  the  notices.     The  meeting  may, 
however,  reject  all  the  sites  offered.     All  votes  in   the  District  Meet- 
ing must  be  by  ballot.     Full  minutes  of  the  meeting  must  be  kept. 

4.  Two    copies  of   the    minutes    of  the    meeting    of   the    Board, 
attested  by  the    District  Clerk  ;  two    copies  of  the    notices    posted, 
attested  by  said  Clerk,  and  two  copies  of  the  minutes  of  the  District 
Meeting,  attested  by  the  Secretary  of  the  meeting,  must  be  sent  to  the 
State   Superintendent,  one   copy  to    be   approved    by  the  Attorney- 
General,  and  the  other  to  be  filed  in  his  office.     When  it  is  intended 
to  borrow  the  money  from  the  State  School  Fund,   an  application 
must  accompany  the  copies  of  the  proceed  ings  sent  to  the  State  Super- 
intendent.    Blank  forms  to  be  used  for  the  copies  of  the  proceedings 
to   be  sent  to  the  State  Superintendent    may  be  obtained  from  the 
County  Superintendent.     In   making  reports,  only  such  business  as 
relates  to  the  purchase  of  land,  building  the  school-house  and  bond- 
ing the  district  need  be  inserted  in  the  copies  of  the  meetings  of  the 
Board  -and  legal   voters.     In  the  blank  for    the  report  of  the  pro- 
ceedings  of  the  District  Meeting,  a    resolution    is    inserted  for  the 
purchase  of  land;  when  land  is  not  ordered  to  be  purchased,  this 
resolution   should  be  crossed  out  in  making  the  report,  also  in  the 
application  for  the  loan  from  the  State  School  Fund. 


FOR  SCHOOL  OFFICERS.  169 

5.  The  approval  of  the  Attorney-General  must  be  secured  before 
bonds  can  be  legally  issued,  whether  the  money  is  to  be  borrowed 
from  the  State  School  Fund  or  from  private  parties. 

6.  When    district   bonds  have    been  issued,  it  is  the  duty  of  the 
District  Clerk,  when  any  bond  is  paid  and  canceled,  to  forward  said 
canceled  bond  to  the  State  Superintendent,  to  be  filed  as  required  by 
law. 

7.  Blank  bonds  will  be  furnished  by  the  State  Superintendent. 


Form  No.  32.— Bond  to  be  Issued  for  Loan. 

No.  Bond  of  School  District  of  the  Township  of  

$ County,  N.  J. 

Know  all  men  by  these  presents,  that  "  The  Board  of  Education  of 

the  ,  in  the  County  of  ,"  in   the  State  of  New  Jersey, 

are  justly  indebted    unto    ,  or   bearer,  in   the  sum    of 

dollars,  lawful  money  of  the  United  States  of  America, 

to  be  paid  to  the  said    or  bearer,  on   the    

day  of ,  18 ,  at  the Bank, ,  N.  J.,  with  interest 

therefor  from  the  date   hereof,  at   the  rate  of per  cent,   per 

annum,  payable  semi-annually,  on   the    days  of   and 

in  every  year,  at   the  bank   aforesaid,  on   the  presentation   of 

the  annexed  coupons,  as  they  severally  become  due. 

This   is  one   of  a  series  of  coupon  bonds  of     dollars  each, 

issued   by  the  Board  of  Education  of  said   Township,  amounting  in 

the  aggregate  to   dollars,  numbered  from  to  ,  both 

inclusive ;  and  the  said  bonds  are  issued  for  money  borrowed  by  said 
Board  of  Education  for  the  purpose  of  building  a  school-house  in  said 
School  District,  pursuant  to  the  statute  entitled  "  An  Act  to  Establish 
a  System  of  Public  Instruction,"  approved  March  27th,  1874,  and  by 
the  consent  of  the  inhabitants  of  said  District  lawfully  given,  at  a 
meeting  lawfull}'  held  on  ,18 

In  witness  whereof,  on    the    day  of    ,  in  the  year 

eighteen  hundred  and  ,  this  bond  is  signed  by  the  President  of 

the  Board  of  Education  of  said  District,  and  attested  by  the  Clerk, 
under  the  seal  of  said  District.  , 

Attest:   ,  District  Cleric  President. 


170  BLANKS  AND   FORMS 

[Form  of  Coupon  to  be  attached  to  the  above  BondJ] 

School  District  of  the  Township  of  ,  County  of ,  N.  J. 

SCHOOL-HOUSE  LOAN. 

Interest   warrant  for    dollars,  payable  at  the   Bank, 

,  N.  J.,  to  bearer,  ,  for  six  months7  interest  on 

Bond  No 

,  D.  0. 


Form  No.  33.— Notice  for  Annual  Meeting  for  the  Election  of  Mem- 
bers of  the  Board  of  Education. 

Notice   is   hereby  given  to  the  legal  voters  of  the  Township   of 

,  in  the  County  of ,  that  the  annual  school  meeting  for 

the  election  of  members  of  the  Board  of  Education  will  be  held  at 

,  on  Tuesday,  the  day  of  ,  18  ,  at  

o'clock M. 

Dated  this  ,  day  of  , ,  18 

,  District  Clerk. 

NOTE. — The  above  notice  must  be  posted  in  at  least  seven  public  places  in 
the  District,  one  copy  being  posted  on  each  school-building  at  least  ten  days 
previous  to  the  time  of  the  meeting.  The  notice  must  also  be  published  in 
all  papers  in  the  county  authorized  to  print  the  laws,  in  the  last  issue  of  said 
papers  prior  to  the  election.  The  election  must  be  held  on  the  Third  Tuesday 
of  March. 


Form  No.  34.— Notice    for   a   Meeting   of  the    District   Board  of 

Education. 

To  

You  are  hereby  notified  that  there  will  be  a  meeting  of  the  Board 

of  Education  of  the  Township  of  ,  on  evening, 

,  18 ,  at  o'clock,  in  the  school-house. 

[Date].  .,  District  Clerk. 


FOR  SCHOOL  OFFICERS.  171 


Form  No.  35. — Notice  for  the  Annual   District  Meeting  for  Deter- 
mining what  District  School  Tax  shall  be  Assessed. 

Notice   is   hereby   given  to   the  legal   voters   of  the   Township  of 

,  in  the  County  of  .  that  the  annual  school  meeting  will 

be  held  at  ,  on  the  third  Tuesday  in  March,  being  the  

day  of  March,  18 ,  'at    o'clock  in  the    noon,  at 

which  meeting  will  be  submitted  the  question  of  voting  a  tax  to 
maintain  a  free  Public  School  the  coming  year  [or  to  build  a  school- 
house,  etc.'] 

The  amount  thought  to  be  necessary  for  this  purpose  is  

dollars. 

Dated  this  day  of ,  18 

'...,  District  Clerk. 

NOTE.— In  the  above  notice  must  be  particularly  specified  each  item  of  busi- 
ness to  be  acted  upon. 


Form  No.  36.— Notice  for  a  Special  District  Meeting  for  Determin- 
ing what  District  School  Tax  Shall  be  Assessed. 

Notice  is  hereby  given  to  the  legal  voters  of  the  Township  of , 

in  the  county  of ,  that  a  special  school  meeting  will  be  held  at 

,  on  the  day  of ,  18 ,  at o'clock  in  the 

noon,  at  which  meeting  will  be  submitted  the  question  of  order- 
ing a  District  School  Tax  [here  particularly  specify  each  item  of  busi- 
ness to  be  acted  upon.] 

The  amount  thought  to  be  necessary  for  this  purpose  is  

dollars. 

,  President. 

,  District  Clerk. 


Form  No.  47.— Various  Specifications  of  Business  to  be  Transacted 
that  may  be  Inserted  in  any  Notice  for  District  Meeting,  as  they 
may  be  needed. 

To  authorize  the  Board  of  Education  to  purchase  land  and  to  erect 
a  school-house  thereon  ; 


172  BLANKS  AND  FORMS 

To  see  if  the  District  will  take  measures  for  the  repair,  alteration, 
enlarging  or  furnishing  of  the  present  school-house  ; 

To  appoint  a  committee  to  prepare  and  report  a  plan  for  such  erec- 
tion or  repair,  with  the  probable  expense  of  the  same  ; 

To  raise  money  by  district  tax  to  defray  the  expenses  of  such 
erection,  alteration  or  repair : 

To  authorize  the  Board  to  borrow  money  to  defray  the  expenses 
of  such  erection,  alteration  or  repair,  and  to  provide  for  the  payment 
of  the  same  by  ordering  a  district  tax  [or  by  bonding  the  District,  as 
the  case  may  be]  ; 

To  see  if  the  District  will  vote  a  sufficient  district  tax  to  defray  the 
expenses  of  maintaining  a  free  School  during  the  ensuing  year,  or 
during  months  of  the  ensuing  year;  or  the  issuing  of  bonds  ; 

To  order  a  district  tax  for  the  payment  of  a  debt  of dollars, 

now  resting  upon  the  school-house  property ; 

To  order  the  sale  of  the  present  school-house  property,  and  to 
decide  what  disposition  shall  be  made  of  the  proceeds ; 

To  authorize  the  Board  to  condemn  land  for  school  purposes  ; 

To  authorize  the  Board  to  renew  outstanding  bonds; 

To  do  any  other  business  within  the  scope  of  the  foregoing  propo- 
sitions. 


Form  No.  38  —Order  of  Business  at  a  District  School  Meeting. 

1.  Choose  a  Chairman,  Secretary  and  Tellers. 

2.  Read  the  notice  calling  the  meeting. 

3.  Report  of  District  Clerk. 

4.  Transaction  of  the  business  for  which  the  meeting  was  called,  as 
set  forth  in  the  notices. 

5.  Miscellaneous  business. 

6.  Adjournment. 


Form  No.  39  —Affidavit  to  Bills  Presented  to  a  Board  of  Education. 

STATE  OF  NEW  JERSEY.  1 

COUNTY.        )88' 

,  of  full  age,  being  duly  sworn,  on  his  oath  saith  that 

the  goods  or  services  itemized  in  the  annexed  bill  have  been  delivered 


FOR  SCHOOL  OFFICERS.  173 

or  rendered ;  that  no  bonus  has  been  given  or  received  by  any  person 
or  persons  in  connection  with  the  same;  that  the  same  is  correct  and 
true,  and  the  amount  therein  stated  is  justly  due  and  owing  as  set 
forth. 

Sworn  and  subscribed  before  me 
this  day  of 


Bribed  before  me^ 

,  18  V 

. ,-D.  C.) 


Form  No.  4O  —  Notice  to  County  Superintendent  of  a  Vacancy  in 
Board  of  Trustees. 

To  ,  County  Superintendent: 

SIR  : — You  are  hereby  notified  that  a  vacancy  now  exists  in  the 

Board  of  Education  of  the  Township  of  ,  through  [here  state 

the  cause  of  the  vicancy~\,  which  you  are  requested  to  fill  by  appoint- 
ment. 

Dated  this  day  of ,  18 

,  District  Clerk. 

NOTE. — The  above  notice  should  be  sent  to  the  County  Superintendent  as 
soon  as  the  vacancy  exists.  If  the  office  of  District  Clerk  is  vacant,  the  notice 
should  be  sent  by  one  of  the  other  members  of  the  Board. 


Form  No.  41.— Notice  to  be  given  by  the  Secretary  of  a  District 
School  MeetiDgr,  to  the  Officers-elect. 

To  : 

You  are  hereby  notified  that  at   the  annual  school  meeting  in  the 

Township  of   ,  in  the  County  of   ,  held  on  the  

day  of  ,  18 ,  you  were  elected  a  member  of  the  Board  of 

Education  in  said  township. 

Dated  this  day  of  ,  18 

,  Secretary  of  said  Meeting. 


174  BLANKS  AND  FORMS 


Form  No.  42.— Form  of  Contract  Between  District  and  Teacher. 

It  is  hereby  agreed  between  "The  Board  of  Education  of  the  Town- 
ship of ,  in  the  County  of  "  and ,a  quali- 
fied teacher,  possessing  a  license  in  full  force  and  effect,  that  the  said 

,  is  to  teach  the  public  schools  of  said  District  for  a  term  [here 

insert  the  time],  for  the  sum  of dollars  per  month,  commencing 

on  the day  of ...18 ,  and  for  such  services,  properly 

rendered,   the  said  Board   of  Education   is  to    pay   the   said , 

monthly,  the  amount  that  may  be  due,  according  to  this  contract. 
Dated  this day  of 18 

,  President. 

,  District  Clerk. 

,  Teacher. 

NOTE. — In  case  the  Teacher  is  employed  in  a  Graded  School,  the  particular 
department  for  which  he  is  engaged  should  be  specified  in  the  contract. 


Form  No.  43. — Form  of  a  Lease. 

Know  all   men  by  these  presents,  that  A.  B.,  of  the  Township 

of ,  in  the  County  of ,  in  the  State  of  New  Jersey,  of 

the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease 

unto  "The  Board  of  Education  of  the  Township  of ,  in  the 

County  of /'  in  the  State  aforesaid,  party  of  the  second  part, 

and  their  assigns,  the  following  described  parcel  of  land  : 

[Here  insert  description  of  land.~\ 

Together  wifti  all  the  privileges  and  appurtenances  thereunto  belong- 
ing: To  have  and  to  hold  the  same  for  and  during  the  term  of 

years  from  the day  of ,,  A.D.  18 ;  and  the  said  party 

of  the  second  part,  for  themselves  and  assigns,  do  covenant  and  agree 
to  pay  the  said  party  of  the  first  part,  for  said  premises,  the  annual 

rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands 

and  seals,  this day  of ,  18 

A.  B.,  Lessor. 

,  President. 

,  District  Clerk 


FOR  SCHOOL  OFFICERS.  175 


Form  No.  44.— Form  of  a  Deed  of  a  School-House  Site. 

Know  all  men  by  these  presents,  that  A.  B.  [and  C.  jB.,  his  wife,  if 

married],  in  the  Township  of  ,  in  the  County  of  ,  in 

the  State  of  New  Jersey,  party  of  the  first  part,  for  and  in  consider- 
ation of  the  sum  of dollars,  to  them  in  hand  paid  by  "The 

Board  of  Education  of  the  Township  of ,  in  the  County  of 

,"  and  State  aforesaid,  party  of  the  second  part,  the  receipt 

whereof  is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell  and 
convey  to  the  said  party  of  the  second  part,  and  their  assigns,  the  fol- 
lowing described  piece  of  land,  namely  : 

[Here  insert  description  of  land.~\ 

Together  with  all  the  privileges  and  appurtenances  thereunto  belong- 
ing :  To  have  and  to  hold  the  same  to  the  said  party  of  the  second 
part  and  their  assigns  forever;  and  the  said  party  of  the  first  part,  for 
themselves,  their  heirs,  executors  and  administrators,  do  covenant,  bar- 
gain and  agree,  to  and  with  the  said  party  of  the  second  part,  and 
their  assigns,  that  at  the  time  of  the  ensealing  and  delivery  of  these 
presents,  they  are  well  seized  of  the  premises  above  conveyed,  as  of  a 
good,  sure,  perfect,  absolute  and  indefeasible  estate  of  inheritance  in 
the  law  in  fee  simple,  and  that  the  said  lands  and  premises  are  free 
from  all  incumbrances  whatsoever  ;  and  that  the  above  bargained 
premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part,  and  their  assigns,  against  all  and  every  person  or  persons 
lawfully  claiming  or  to  claim,  the  whole  or  any  part  thereof,  the  said 
party  of  the  first  part  will  forever  warrant  and  defend. 

In  witness  whereof  the  said  A.  B.  and  C.  B.,  his  wife,  party  of  the 
first  part,  have  hereunto  set  their  hands  and  seals,  this  day  of 

,  A.  D.  18 

SIGNED,   SEALED   AND   DELIVERED^  A.    B.       [SEAL.] 

IN   PRESENCE   OF  V  C.    B.      [SEAL.] 

E.  F.  J 

NOTE. — Such  deeds  ahould  be  duly  acknowledged  before  a  judge,  commis- 
sioner of  deeds,  master  in  chancery,  or  other  officer  authorized  by  law  to  take 
such  acknowledgment,  and  recorded  in  the  office  of  the  County  Clerk.  The 
bond  and  mortgage  given  by  the  Trustees  to  secure  payment  of  part  of  pur- 
chase money  may  be  in  the  usual  forms,  and  for  the  execution  of  deeds,  mort- 
gages and  bonds  each  District  should  have  a  corporate  seal.  Notes  given  for 
borrowed  money  should  be  in  the  name  of  the  District  and  signed  by  the  Presi- 
dent and  District  Clerk. 


17«  BLANKS  AND  FORMS 


Form  No.  45.— Contract  for  Building-  a  School-House. 

Contract  made  and  entered   into   between  A.  B.,  of  the  County  of 

,  State  of  New  Jersey,  and  "The  Board   of  Education  of  the 

Township  of  ,  No ,  in  the  County  of  /'State 

of  New  Jersey. 

Jn  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt 

whereof  is   hereby  acknowledged,  and  of  the  further  sum  of  

dollars,  to  be  paid  as  hereinafter  specified,  the  said  A.  B.  agrees  to 
build  a  frame  school-house  and  to  furnish  the  materials  therefor, 
according  to  the  plans  and  specifications  for  the  erection  of  said  house 
hereto  appended,  at  such  point  in  said  District  as  the  said  Board  may 
designate.  The  said  house  is  to  be  built  of  the  best  material,  in  a 
substantial,  workmanlike  manner;  and  is  to  be  completed  and  deliv- 
ered to  said  Board,  or  their  successors  in  office,  free  from  any  lien 

for  work  done  or  materials  furnished,  by  the  day  of , 

18 ;  and  in  case  the  said  house  is  not  finished  in  the  time  herein 

specified,  the  said  A.  B.  shall  forfeit  and   pay  to  the  said   Board,  or 

their  successors  in  office,  for  the  use  of  said  District,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may  result  to  said 
District  in  consequence  of  such  failure,  and  said  Board  may  finish  the 
building  and  charge  the  cost  of  the  same  to  the  said  A.  B. 

The  said   Board,  or  their   successors    in  office,  in  behalf  of  said 

District,  hereby  agree  to  pay  the  said  A.  B.  the  sum  of dollars 

when  the  foundation  of  said  house  is  finished  ;  and  the  further  sum  of 

dollars  when    the   building  is  ready  for  the  roof;    and  the 

remaining  sum  of  dollars  when  the  said  house  is  finished  and 

delivered,  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  trans- 
ferred or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this  day  of ,  18 

A.  B.,  Contractor. 

,  President, 

,  District  Clerk. 

NOTE.— In  building  a  school-house,  it  is  all-important  to  secure  a  plan  of  the 
building,  with  fall  specifications  as  to  its  dimensions,  style  of  architecture, 
number  and  size  of  the  windows  and  doors,  quality  of  materials  to  be  used ; 
what  kind  of  roof ;  number  of  coats  of  paint ;  of  what  material  the  foundation 


FOR  SCHOOL  OFFICERS.  177 


shall  be  constructed  ;  its  depth  below,  and  its  height  above  the  surface  of  the 
ground ;  the  number  and  style  of  chimneys  and  flues  ;  the  provisions  for  ven- 
tilation ;  the  number  of  coats  of  plastering,  and  style  of  finish,  and  all  other 
items  in  detail  that  may  be  deemed  necessary.  The  plan  and  specifications 
should  be  attached  to  the  contract,  and  the  whole  filed  with  the  District  Clerk. 
Before  the  building  is  commenced,  the  contract  should  be  filed  in  the  office  of 
the  County  Clerk  to  prevent  liens. 


Form  No.  46. — Form  of  Note  for  Money  Borrowed. 

N.  J.,  18 

days  after  date,  "  The  Board  of  Education,  in  the  County 

of  ,"  in  the  State  of  New  Jersey,  promise  to  pay  to ...., 

or  order,.... Dollars,  with  interest  from  the  date  thereof,  at  the 

rate  of  six  per  cent,  per  annum. 

This  note  is  given  for  money  borrowed  by  the  said  Board  for 

the  purpose  of ,  pursuant  to  the  statute  entitled  "An  Act  to 

Establish  a  System  of  Public  Instruction,'7  approved  March  27th, 
1874,  and  by  the  consent  of  the  inhabitants  of  the  said  District  law- 
fully given,  at  a  meeting  lawfully  held  on 18  

,  President. 

Attest  ,  District  Clerk. 


Form  No.  47.— Duties  of  District  Clerk. 

1.  To  prepare  and  post 

Notices  for  annual  district  meeting, 
Notices  for  special  district  meeting, 
and  Notices  for  Trustee  election. 

2.  To  prepare   and  deliver  notices  for  meetings  of  the  Board  of 
Education. 

3.  To  act  as  Secretary  of  the  Board  of  Education. 

4.  To  record,  in  a  book  provided  for  that  purpose,  all  the  proceed- 
ings of  trustee  meetings  and  district  meetings. 

5.  To  keep  an  account  of  the  finances  of  the  District. 

6.  To  pay  out  all  moneys  by  issuing  orders  on  the  Township  Col- 
lector. 

12 


178  BLANKS  AND   FORMS       - 

7.  To  make  a  financial  report. 

To  County  Superintendent, 
To  Township  Committee. 

8.  To  make  a  report  of  the  doings  of  the  Board  for  the  year  to  the 
annual  district  meeting  for  the  election  of  Trustees. 

9.  To  prepare  and  forward  the  annual  report  to  the  County  Super- 
intendent. 

10.  To  notify  County  Superintendent  and   Township   Assessor  of 
the  amount  of  district  school  tax  ordered. 

11.  To  notify  County  Superintendent  of  the  election  of  members  of 
the  Board. 

12.  To  superintend  repairs  of  buildings ;  to  buy  fuel,  crayons,  and 
such  other  articles  as  the  Board  may  direct. 

13.  To  deliver  to  his  successor  all  records  and  papers  belonging  to 
the  District. 


Teachers. 


Form    No.   48. — Directions  Given  to   Candidates   for  Certificates 
Before  Being  Examined. 

1.  Write  your  name  and  the  subject  of  the  examination,  distinctly, 
at  the  top  of  each  page. 

2.  You  need  not  copy  the  questions  upon  the   paper,  but  be  careful 
to  number  each  answer  to  correspond  with  the  question. 

3.  If  unable  to  answer  any  question,  write  its  proper  number,  and 
opposite  the  same  write,  "  I  cannot  answer." 

4.  In   answering  questions  in  Arithmetic,  Algebra,  etc.,  give  the 
work  as  well  as  the  answer. 

5.  After  beginning  a  set  of  questions,  do  not  leave  the  room  with- 
out the  permission  of  the  examiner  in  charge,  until  that  exercise  is 
completed. 

6.  During  the  examination  avoid  all  communications  with    other 
candidates,  with  visitors,  or  with  any  one  else,  except  the  examiners, 


FOR  SCHOOL  OFFICERS.  179 

whether  by  talking,  signs,  notes  or  otherwise.     Any  violation  of  this 
rule  will  cause  your  exercise  to  be  rejected. 

7.  Referring  to  text-books,  or  to  written  or  printed  abstracts,  or 
memoranda  of  any  kind  connected  with  the  subject  of  examination,  or 
having  such  book,  abstract  or  memoranda  in  your  desk  or  about  your 
person,  will  cause  your  exercise  to  be  rejected. 

8.  As  soon  as  one  exercise  is  finished,  hand  it  to  the  examiner  in 
attendance  before  beginning  another. 

9.  Do  not  fold  the  paper  containing  your  answers,  and  do  not  tear 
off  any  portion  of  the  sheet  that  may  remain  after  you  have  finished  a 
set  of  questions,  but  leave  the  sheet  whole,  as  the  paper  will  be  pre- 
served. 

1.0.  A  special  average  will  be  given  for  correctness  in  Orthography 
and  Composition,  and  for  legibility,  order,  neatness  and  general  ap- 
pearance of  the  examination  papers. 

11.  Be  careful  to  preserve  this  card  of  directions  and  questions. 
They  will  both  be  called  for  at  the  close  of  the  examination. 


Form  No.  49.— Certificate  that  Child  has  Attended  School. 

I  hereby  certify  that  I  am  principal  of  School  No ,  in  the 

Township  of ,  County  of ,  and  that  [Name  of  child]  is 

the  [Son,  daughter  or  ward]  of  [Name  of  parent  or  guardian']  resid- 
ing at  [Street  and  city];  that  to  the  best  of  my  knowledge  and  belief, 

said  [Name  of  child']  is years  of  age;  and  said  [Name  of  child] 

has  attended  school  under  my  charge,  five  days  a  week,  for  ..., 

weeks,  during  the  year  preceding  the  date  of  this  certificate. 

Dated  ,  18 

,  Principal. 


Form  No.   5O,— Teacher's    Report  to  the   County  Superintendent 
when  Leaving  a  School  before  the  end  of  the  School  Year. 

Report  of  the  Teacher  of  Public  School  No in  the  Township  of 

,  in  the  County  of ,  for  the  portion  of  the  School 

Year  commencing  July  1st,  18 ,  and  ending ,  18 


180  BLANKS  AND  FORMS 


[TAe  body  of  the  Report  same  as  Annual  Report  in  the  Register. ~\ 
To  ,  County  Superintendent  for  County: 

Being  about  to  leave  my  present  School,  I  respectfully  present  the 
above  record  and  statements  as  my  report  for  the  expired  portion  of 
the  present  School  Year,  as  required  by  the  laws  of  this  State ;  which 
report  I  hereby  certify  has  been  carefully  made  out  from  the  records 
contained  in  the  School  Register. 

,  Teacher. 

NOTE  —The  law  requires  that  a  duplicate  of  the  above  report  shall  be  made 
to  the  District  Clerk. 


Form  No.  51.— Teacher's  Report  of  the  Suspension  of  a  Pupil  to 
the  Board  of  Education. 

To  ,  District  Clerk  of  the  Board  of  Education  of  the 

Township  of  of  the  County  of : 

SIR  : — You  are  hereby  notified  that  I  have  this  day  suspended  from 
my  school  for  [here  state  the  cause  for  suspension.'] 

Dated  this  day  of  ....,  18 

,  Teacher. 

NOTE. — The  School  Law  requires  every  suspension  to  be  reported  to  the 
Board  of  Education. 


Form  No.  52.— Duties  of  Township  Collectors. 

1.  To  collect  all  school  taxes. 

2.  To  receive  and  hold  in  trust  all  school  moneys,  and  to  pay  out 
the  same  only  upon  orders  drawn  in  accordance  with  Forms  23  and  24. 

8.  To  keep,  in  a  book  prepared  for  the  purpose,  an  account  with 
the  Board  or  Education. 

4.  To  make  settlement  with  the  Township  Committee. 

5.  To  transmit  cop;es  of  the  settlement  made  with  the  Township 
Committee    to  the  County  Superintendent  and  to  the  Clerk  of  the 
Township. 


FOR  SCHOOL  OFFICERS. 


181 


Miscellaneous. 


Form  No.  53. — Report  of  County  Olerk  to  County  Superintendent 
of  the  Names  and  Post  Office  Addresses  of  the  Township  Col- 
lectors and  City  Treasurers. 

To  the  County  Superintendent  of County  : 

SIR  : — I  hereby  report  to  you  the  names  and  addresses  of  the  newly 
elected  Township  Collectors  [and  City  Treasurers,  if  there  be  any],  of 
this  County,  as  follows  : 


Names  of  Township  or  City. 

Names  of  Collectors  and  City 
Treasurers. 

Address. 

* 

,  County  Clerk. 


Form  No.  54.— Appeal  to  the  State  Superintendent. 

,N.  J.,  ,18 

To  ,  State  Superintendent  of  Public  Instruction  : 

SIR: — We  herewith  transmit  a  full  and  correct  statement  of  the 

facts  in  the  case  of vs ,  together  with  the  decision  of 

the  County  Superintendent  thereon,  from  which  decision  we  respect- 
fully appeal  for  the  following  reasons :  {Here  state  the  reasons  for 
making  the  appeal.^ 

We  certify  that  the  accompanying  statements,  together  with  the 
decision  of  the  County  Superintendent,  are  true  to  the  best  of  our 
knowledge  and  belief. 


182  BLANKS  AND  FORMS 


Calendar  for  School  Elections  and  Duties. 


1.  State  Board  of  Education. — Meets  on  the  first  Tuesday  of  Feb- 
ruary, April  and  December,  the  last  Tuesday  in  September,  and  on 
the  last  Thursday  of  June,  annually. 

2.  Trustees  of  the  School  Fund. — Meet  on  the  first  Monday  in  April, 
annually,  and  at  other  times  when  called  together  by  the  Governor. 

3.  State  Board  of  Examiners. — Meets  on  the  first  Thursday  of  June 
and  December,  annually,  at  the  State  Normal  School. 

4.  County  Boards  of  Examiners. — Meet  on   the  first  Friday  and 
Saturday  of  February,  May  and  October,  annually. 

5.  State  Association  of  School  Superintendents. — Meets  at  the  call  of 
the  State  Superintendent. 

6.  School  Trustees. — Elected  on  the  third  Tuesday  in  March,  annu- 
ally, and  should  meet  on  the  first  Tuesday  after  the  first  Monday  in 
March,  June,  September  and  December,  and  oftener  if  necessary. 

7.  District  Clerks. — Elected  within  ten  days  after  the  annual  meet- 
ing for  the  election  for  members  of  the  Board  of  Education;  annually. 

8.  District  Meetings  for  Voting  District  Tax. — Held  on  the  third 
Tuesday  in  March,  annually,  or  at  the  call  of  the  Board  of  Education. 

9.  Report  of  the  State  Board  of  Education  to  the  Governor. — On 
the  first  Tuesday  in  December,  annually. 

10.  .Report  of  the  State  Superintendent  to  the  State  Board  of  Educa- 
tion.— On  the  first  Tuesday  in  December,  annually. 

11.  Report  of  County  Superintendent  to  the  State  Superintendent. — 
On  or  before  the  first  of  September,  annually. 

12.  Report  of  District  Clerks  to  County  Superintendent. — On  or  be- 
fore the  first  of  August,  annually. 

13.  Report  of  Teachers  to  Board  of  Education. — At  the  close  of 
each  quarter's  teaching. 

14.  Financial  Statement  of  Township  Collector  to  Township   Com- 
mittee and  County  Superintendent. — On  or  before  the  first  of  August, 
annually. 

15.  Financial  Statement  oj  District  Clerks  to  Township  Committee. — 
On  or  before  the  first  of  August,  annually. 


FOR  SCHOOL  OFFICERS.  183 

16.  Financial  Statement  of  District  Clerks  to  the  County  Superin- 
tendent.— On  or  before  the  first  of  August,  annually. 

17.  Assessor  makes  returns  to  Collec'or. — Within  fifteen  days  after 
the  first  Monday  in  September,  annually. 

18.  School  Tax.— Collected  and  due  the  Trustees  by  the  first  of 
December,  annually. 

19.  District  Census. — Taken  during  the  month  of  May,  annually. 

20.  Apportionment  of  the  State  Appropriation  to  the    Counties. — 
Made  by  the  State  Superintendent,  on  or  before  the  first  Monday  in 
May,  annually. 

21.  Apportionment  of  the  State  Appropriation  and  Township  School 
Taxes  to  the  District. — Made  by   the  County  Superintendent    on    or 
before  the  first  of  June,  annually. 

22.  Copy  of  Apportionment. — Made  by  the  County  Superintendent, 
and  furnished  to  each  Township  Collector  and  District  Clerk  within 
twenty  days  after  the  apportionment  is  made. 

23.  State  Appropriation. — One  hundred  thousand  dollars  paid  in 
November,  and  the  State  School  tax  in  the  month  of  January  fol- 
lowing. 

24.  Agricultural   College. — Candidates   examined    by   the   County 
and  City  Superintendents  on  the  first  Saturday  in  June. 

25.  School  Holidays.— First  day  of  January,  twenty-second  day  of 
February,  thirtieth  day  of  May,  fourth  day  of  July,  first  Monday  in 
September  (Labor  day),  Thanksgiving  day,  Christmas  day,  any  day 
upon  which  a  general  election  shall  be  held  for  members  of  assembly, 
and  also  any  day  set  apart   by  proclamation  of  the  Governor  of  this 
State  or  the  President  of  the  United  States  for  the  purpose  of  public 
observance. 

26.  School  Year. — Commences  on  the  first  day  of  July  and  ends  on 
the  thirtieth  day  of  June. 

27.  Fiscal  Year. — The   school  fiscal   year  of   the  State   coincides 
with  the  school  year. 


Index. 


INDEX. 


Page. 

Abstract  of  apportionment  to  be  given  to  certain  persons,  sections  14  and 

29 7, 12 

tax  to  be  given  to  certain  persons,  sections  14  and  142 7,  48 

Affidavit,  County  Superintendent  may  take,  section  28 11 

District  Clerk  may  take,  section  58 22 

required  to  bills,  section  58 22 

Ages  of  children  in  census,  section  38 14 

factoriep,  sections  205,  206,  254,  255  and  256 .-.69,  90,  91 

pupils  in  Deaf-Mute  School,  section  92 33 

public  schools,  section  75 28 

Agent  for  school  books,  school  officers  shall  not  act  as,  sections  117  and  118,    40 

Agricultural  College,  appropriation,  sections  264  and  265 94,  95 

examinations  for,  sections  261  and  263 93,  94 

scholarships  in,  section  261 93 

Annual  district  meeting,  sections  115  and  164 39,  57 

Appeal  to  Circuit  Court,  in  case  of  condemnation  of  land,  sections  219  and 

223 75,78 

to  County  Superintendent,  sections  67  and  70 26 

to  State  Board  of  Education,  sections  6,  division  VI,  and  17 7,  8 

to  State  Superintendent,  sections  17  and  34 8,  13 

Appointment  of  Census  Supervisor,  section  40 15 

Child  Labor  Inspector,  section  258 92 

City  Superintendent  in  second  class  cities,  section  308 107 

County  Superintendents,  sections  6,  division  III,  and  25, 

and  rule  44 6, 10, 133 

District  Clerk,  sections  32  and  51  and  decision  No.  13, 

12,  19,  143 

State  Board  of  Education,  section  9 5 

State  Superintendent,  section  9 , 7 

School  Trustees,  section  31 12 

Apportionment  of  school  moneys,  abstract  to  be  given  to  certain  persons, 

sections  14  and  29 7,  12 

of  balances  of  State  moneys,  section  159 54 

of  reserve  fund,  section  152 51 

of  State  appropriations  to  counties,  section  14 7 

districts,  sections  29  and  153  and 

rule  34 12,51,131 

of  State  tax  among  counties,  section  142 48 

townships,  sections  142  and  153 48,  51 

(187) 


188  INDEX. 


Page. 

Apportionment  of  surplus  revenue,  sections  153  and  184 51,  65 

Appraisement  of  school  property,  section  346 117 

Appropriations,  available  for  school  year,  decision  No.  1 137 

by  city  Boards  of  Education,  sections  267  and  290 95,  102 

city  Boards  may  modify,  section  272 97 

districts  paid  by  orders  of  County  Superintendents,  sec- 
tions 29  and  155 12,52 

Deaf-Mute  School,  section  95 34 

industrial  schools,  section  235 83 

institutes,  sections  137  and  138,  division  V 45,  46 

libraries,  sections  185  and  189 65,  66 

manual  training,  section  235 83 

Normal  School,  sections  86  and  138,  division  1 31,  46 

penalty  for  exceeding,  section  352 120 

State  school  fund  paid  to  counties  by  Comptroller,  sections 

13, 135,  136, 137  and  139 7,  45,  47 

State  school  fund,  sections  14,  135,  136,  137,  138, 140  and 

235 7,  45,  46,  47,  83,  84,  85 

withheld  in  certain  cases,  sections  15,  23  and  33 8,  9, 12 

Arbor  Day,  sections  192  and  193 67 

Assessment  city  school  tax,  sections  142  and  269 48,  96 

district  tax,  sections  164, 170,  173  and  181,  and  decision  No.  7, 

57,  60,  61,  62, 140 

executioDS,  to  satisfy,  section  62 23 

State  school  tax,  sections  141, 142, 143, 144  and  145 47,  48,  49 

Assessor,  apportion  State  tax  among  townships,  section  142 48 

appraise  value  of  school  property,  section  346 117 

bonds  not  taxable,  section  182 64 

compensation  of,  section  166  and  decision  No.  8 59,  140 

district  tax,  to  assess,  sections  164,  170, 173  and  181  and  decision 

No.  7 57,  60,  61,  62,  140 

district  tax  to  be  separate  item  in  levy,  section  165 58 

execution,  to  assess  for,  section  62 : 23 

State  school  tax,  sections  141, 142, 143, 144  and  145 47,  48,  49 

Association  of  School  Superintendents,  sections  12  and  35 7, 13 

Attorney-General  to  approve  proceedings  authorizing  bonds,  sections  172 

and  179 61,  62 

School  Fund,  member  of  trustees  of,  section  119 40 

Award  in  condemnation  of  land,  sections  217,  220  and  231 74,  76,  81 


B 

Ballot,  appropriations  at  district  meetings  to  be  voted  by,  sections  45  and 

168 17,59 

trustees  elected  by,  section  45 , 17 

Balances  to  be  returned  to  county  collector,  section  161 13 

repairs,  may  be  used  for,  in  certain  cases,  section  16 13 


INDEX.  189 


Page. 

Bills,  affidavit  required  to,  section  58 22 

itemized,  must  be,  section  57 22 

Blanks  for  school  officers  to  be  furnished  by  State  Superintendent,  sec- 
tions 16  and  180 8,  64 

Boards  of  Education ,  affidavit  to  bills,  to  require,  section  58 22 

agent  for  school  bookp,  members  shall  not  act  as, 

sections  117  and  118 40 

appeal  from  decision  of  County  Superintendent,  sec- 
tion 34 13 

appeal  from  decision  of  State  Superintendent,  sec- 
tion 17 8 

appointment  of,  by  county  superintendent?,  section 

31 12 

appointment  of,  in  second  class  citiep,  section  302....  105 
appropriations  from  State  moneys  to  be  used  for 

school  year,  decision  No.  1 137 

appropriations  from  State  moneys  to  cities  may  be 

used  for  calendar  year,  section  276 97 

appropriations  for  current  expenses  in  cities,  may  be 
made  by,  in  certain  cases,  sections  267  and  290, 

95,  102 

appropriations  in  cities  may  be  modified,  section 

272 97 

appropriations,  penalty  for  exceeding,  section  352....  120 
appropriations  withheld  in  certain  case?,  sections  15, 

23  and  33 8,  9,  12 

ballot,  elected  by,  section  45 17 

bills,  affidavit  required  to,  section  58 22 

bills  to  be  itemized,  section  57 22 

bills  to  be  passed  in  open  session,  section  56 22 

bondp,  authority  to  issue  in  districts  acting  under 

general  law,  section  169  and  decision  No.  5 59,  138 

bonds,  authority  to  issue  in  cities,  section  176 62 

bonds,  cancellation  of,  section  172 61 

bonds,  custodian  of  school  funds  to  give,  section  158,    54 

bonds,  not  taxable,  section  182 64 

bondp,  officers  to  give,  in  certain  cases,  section  348...  118 
bonds,  proceeds  of  sale  of  to  be  deposited  with  col- 
lector, section  158  and  rule  35 54, 131 

bond?,  renewal  of,  section  171 60 

books,  power  to  provide,  sections  53,  division  VIII, 

and  115 20,  39 

books,  to  prescribe,  sections  53,  division  VI,  and  71, 

20,  27 

boroughs,  members  of  in,  sections  47  and  48 18 

borrow  money,  may,  sections  53,  division  III,  109, 

164,  290  and  319 20,  38,  57,  102,  109 

bribery,  penalty  for,  sections  351  and  354 119,  120 


190  INDEX. 


Page. 

Boards  of  Education,  building,  may  request  township  committee  to  erect, 

section  334 114 

buildings  in  districts,  acting  under  general  law,  sec- 
tions 53,  division  III,  and  4 20 

buildings  in  first  class  cities,  section  294 103 

census,  to  have  taken,  section  38 14 

certificate  of  transfer  of  children  to  be  filed  with, 

section  99 36 

cities  of  second  class,  sections  202,  203,  204,  205,  206 

and  207 105,  106,  107 

children,  school  residence  of,  decision  No.  6 139 

clerk  of,  in  districts  acting  under  general  law,  sec- 
tions 33  and  51 12,  19 

clerk  may  take  affidavit,  section  58 22 

colored  children,  penalty  for  voting  to  exclude,  sec- 
tion 73 f    27 

compensation  of  clerk  in  districts  acting  under  gen- 
eral law,  section  51 19 

condemn  land  for  school  purposes,  in  districts  acting 
under  general  law,  sections  215  to  225,  and  231 

to  234 73,81 

condemn  land  for  school  purposes  in  cities,  sections 

226  to  234 78 

contagious  diseases,  may  close  school  in  cases  of,  sec- 
tion 60 23 

contagious  diseases,  prohibit  persons  exposed  to  from 

attending  school,  section  61 23 

contracts  to  be  passed  on  in  open  session,  section  56,    22 

contracts  with  teachers,  section  66 25 

corporate  name  in  districts  acting  under  general  law, 

section  50 19 

corporate  name  in  second  class  cities,  section  307 107 

course  of  study,  shall  prescribe,  sections  53,  division 

VI,  and  71 20,  27 

current  expenses  in  districts  acting  under  general 

law,  section  344 117 

current  expenses  in  cities,  sections  267,  273,  310  and 

344 95,  97,  107,  117 

damages  to  buildings,  to  determine  amount  of,  sec- 
tion 71 27 

dismissal  of  teachers,  section  70 26 

district  clerk  appointed  by  County  Superintendent, 

section  32 12 

district  clerk,  election  of,  section  51  and  decision  No. 

13 19,  143 

district  clerk  may  take  affidavit,  section  58 22 

district  clerk  may  purchase  supplies,  section  57 22 


INDEX.  191 


Page. 

Boards  of  Education,  election  of,  in  districts  acting  under  general  law,  sec- 
tions 43,  44,  45,  46,  47  and  48 16,  17,  18 

election  of,  in  third  class  cities,  section  318 109 

examinations,  to  make  rules  for  city,  section  78 29 

executions  against,  section  62 „ 23 

expel  or  suspend  pupils,  sections  53,  division  VII, 

and  67,  and  decision  3 20,  26,  138 

expenditures,  limit  may  be  fixed  in  certain  places, 

section  266 95 

fire  escapes,  to  provide,  sections  102, 103, 105, 106  and 

107 37 

fire  extinguishers,  to  provide,  section  104 37 

fiscal  year  in  districts  acting  under  general  law,  deci- 
sion No.  1 137 

fiscal  year  in  cities,  section  276 97 

flags  for  school  houses,  to  provide,  section  347 118 

hygiene,  to  be  taught,  section  197 67 

holidays,  section  66  and  decision  No.  11 25,  141 

industrial  schools,  to  certify  that  money  has  been 

raised  for,  sections  237  and  243 84,  85 

industrial  schools,  to  appoint  trustees  of,  section  240,    85 

industrial  schools,  to  make  report  of,  section  244 86 

institutes,  teachers  must  attend,  section  6,  division 

IV,  and  rule  41 '. 6,  132 

insure  school  buildings,  section  53,  division  IV £0 

interest  to  be  paid  on  school  orders  in  certain  cases, 

section  157 54 

janitors,  may  employ,  section  53,  division  1 20 

legal  voters,  who  are,  sections  43  and  44 16,  17 

libraries,  may  make  rules  for,  sections  186  and  188..  65,  66 
manual  training,  to  certify  that  money  has  been 

raised  for,  section  235 83 

manual  training,  to  make  course  of  study  in,  section 

235 83 

manual  training,  to  make  report  of,  section  236 83 

meetings  of  legal  voters,  may  call,  section  53,  divi- 
sions IX  and  X 20 

meetings  of,  regular,  sections  51  and  55  and  decision 

No.  2 19,  22, 137 

meetings  of,  special,  section  55  and  decision  No.  2..22, 137 

minutes,  to  keep,  section  52 19 

mortgage  school  property  in  districts  acting  under 

general  law,  section  53,  division  III 20 

mortgage  school  property  in  cities,  sections  287  and 

288 100,101 

notices  for  meetings  of  legal  voters,  to  order,  sections 
43,  53,  divisions  IX  and  X,  and  164 16,  20,  57 


192  INDEX. 


Page. 

Boards  of  Education,  orders  for  school  moneys,  to  draw,  sections  52, 156 

and  157 19,  52,  54 

orders  for  school  moneys  to  draw  interest  in  certain 

cases,  section  157 54 

organization  of,  in  districts  acting  under  general  law, 

section  51 19 

penalty  for  excluding  children  from  school,  section 

73 27 

penalty  for  exceeding  appropriations,  section  352 120 

penalty  for  failure  to  comply  with  school  law,  sec- 
tions 15,  23,  33,  59  and  108,  and  rule  35 

8,  9, 12,  23,  38, 131 

penalty  for  failure  to  post  notices  for  annual  meet- 
ing, section  43 16 

penalty  for  misuse  of  school  moneys,  sections  110 

.     and  344 38, 117 

petition  for  meeting  of  .legal  voters,  section  53,  divi- 
sion X 21 

physiology,  to  have  taught,  section  197 67 

plans  for  school-houses,  section  24 10 

polls,  to  designate  time  kept  open,  sections  45  and 

46 17 

powers  of,  under  general  laws,  section  53 20 

powers  of,  in  second  class  cities,  section  303 105 

president  of,  under  general  law,  section  51 19 

president  of,  in  certain  cities,  section  279 98 

pupils,  age  of,  section  75 28 

pupils,  may  suspend  or  expel,  section  53,  division 

VII,  and  67 20,  26 

pupils,  may  pay  for  transportation  of,  section  100....    36 

religious  services,  section  119 '. 40 

rent  school-houses,  section  53,  division  IV 20 

repairs  to  school  property,  section  53,  division  IV....     20 
report,  annual  report  of,  sections  37,  53,  division  XII, 

and  54 : 13,  21 

salary  of  district  clerk,  to  fix,  section  51 19 

salary  of  teacher,  to  fix,  section  53,  division  1 20 

school-hoose,  plans  for,  section  24 10 

school-houses,  power  to  build,  rent  and  repair,  sec- 
tion 53,  divisions  III  and  IV 20 

school-house,  may  permit  use  of  for  other  purposep, 

section  53,  division  XI 21 

school-houses  in  cities,  may  request  loans  for,  sec- 
tions 286  and  298 99,  104 

school  term,  length  of,  section  15 8 

school  year,  section  114 

sinking  fund,  may  establish,  section  159 54 


INDEX.  193 


Page. 

Boards  of  Education,  special  laws,  may  be  relieved  from,  sections  111,  112 

and  113 38,  39 

suitable  school-house,  penalty  for  failure  to  provide, 

sections  33  and  101 12,  36 

superintendent  in  second-class  cities,  to  appoint,  sec- 
tion 308 107 

supplies,  not  to  be  interested  in  furnishing,  sections 

118,  353  and  355 ,  40,  120,  121 

supplies,  to  provide,  sections  53,  division  VIII,  57, 

115  and  277 21,  22,  39,  98 

suspend  or  expel  pupils,  sections  53,  division  VII, 

and  67,  and  decision  No.  3 20,  26,  138 

transportation  of  children,  may  provide  for,  section 

100 36 

taxes,  sections  53,  division  IX,  100, 141, 156  and  164, 

and  decisions  1,  7  and  8 20,  36,  47,  54,  57, 137,  140 

teachers,  employ  and  dismiss,  sections  53,  division  I, 

65  and  70,  and  rule  1 20,  25,  26,  125 

technical  schools,  237,  243  and  244 84,  85,  86 

temporary  loans  in  cities,  sections  274  and  275 97 

term  of  office  under  general  law,  sections  31,  47,48 

and  49 12  18 

term  of  office  in  second-class  cities,  section  302 105 

term  of  office  in  third-class  cities,  sections  317  and 

318 109 

term,  school,  section  15.. 8 

text-books,  to  prescribe,  sections  53,  divi°ion  VI,  and 

71 20,27 

text-books,  must  provide,  sections  53,  division  VIII, 

and  115 20,39 

township  boards  of,  sections  47  and  48 18 

township  committee,  may  request  erection  of  schoDl- 

houses  by,  section  334 114 

tuition  fees,  unlawful  to  charge,  section  74 27 

vacancy,  how  filled,  section  31 12 

vaccination  of  children,  section  42 16 

vote,  penalty  for  accepting  money  for,  sections  352 

and  355 119, 120 

women  eligible  as  members,  section  43 16 

women  may  vote  for,  section  44 17 

Bonds,  proceedings  authorizing  to  be  approved  by  Attorney-General,  sec- 
tions 172  and  179 61,  64 

assessment  for  payment  of,  sections  170, 173  and  181 60,  62 

attested  by  District  Clerk,  section  169 59 

authority  to  issue,  nections  169  and  176 59,  62 

blanks  for,  to  be  furnished  by  State  Superintendent,  section  180 64 

cancelled  bonds  to  be  filed  with  State  Superintendent,  section  174..    62 

coupons,  must  have,  section  169 59 

13 


194  INDEX. 


Page. 

Bonds,  custodian  of  proceeds  of,  section  169  and  rule  35 54,  131 

duplicate  copy  of  proceedings  to  be  filed  with  State  Superintend- 
ent, section  169. 59 

interest,  rate  of,  section  169 59 

lien  upon  entire  district,  sections  169  and  172 59,  64 

proceedings  authorizing  to  be  filed  with  State  Superintendent,  sec- 
tion 169 62 

renewal  of,  sections  171,  172, 173, 174  and  175 63,  64,  65 

report  of  amount  of,  to  State  Superintendent,  section  183 64 

tax  not  to  be  assessed  on,  section  182 64 

township  committee  may  issue,  sections  335  and  336 114 

Boroughs,  separate  school  districts,  section  97 35 

may  consolidate  with  township,  section  97 35 

Buildings,  amount  of  bonds  authorized  in  cities,  sections  288  and  290.. .101, 102 
bonds  for,  authorized  in  districts  acting  under  general  law,  sec- 
tions 169  and  315 69,  108 

bonds  for,  authorized  in  cities,  sections  176,  X77,  274, 280, 290, 300, 

301  and  315 62,  63,  97,  98, 102, 104, 108 

bonds  for,  may  be  issued  by  township  committee,  sections  335 

and  336 114 

bonds  for,  not  taxable,  section  182 ,    65 

cities  of  first  clasp,  section  294 103 

condemn  land  for,  in  districts  acting  under  general  law,  sections 

215  and  220 ' 73,  76 

condemn  land  for,  in  cities,  section  226 78 

damages  to,  who  are  liable  for,  sections  71  and  350 27,  119 

doors  to  open  outwardly,  sections  33  and  102... 12,  37 

fire  escapes,  to  have,  sections  102  and  105 37 

fire  escapes,  copy  of  act  to  be  postfd  in,  section  103 37 

fire  extinguishers,  to  have,  section  104 37 

flags  for,  sections  347  and  348 118 

insurance  on,  section  53,  division  IV 20 

mortgages  in  districts  acting  under  general  law,  section  53,  divi- 
sion III 20 

mortgages  on,  in  cities,  sections  178,  287  and  288 63,  101,  100 

penalty  for  failure  to  provide  a  suitable  school-house,  sections 

33  and  101 12,  36 

plans  for,  sections  18  and  24 9,  10 

site,  selection  of,  foot-note  to  section  164 57 

suitable  buildings,  penalty  for  failure  to  provide,  sections  33  and 

101 12,  36 

tax  to  build  or  repair,  section  164 57 

temporary  loans  in  cities  for,  sections  299,  300  and  301 104 

township  committee  to  build,  in  certain  cases,  section  334. 114 

use  of,  for  other  purposes,  section  53,  division  XI 21 

Bribery,  penalty  for,  sections  351  and  354 119,  120 


INDEX.  195 


C 

Pager. 

Censup,  ages  of  children  in,  section  38 14 

blanks  for,  section  38 14 

correction  of,  section  39. 15 

enumerator?,  appointment  of,  sections  38  and  39 14,  15 

compensation  of,  sections  38  and  39 14,  15 

revision  of,  section  39. 15 

supervisor  of,  section  40 15 

salary  of,  section  40... 15 

term  of  office  of,  section  40 15 

time  when  taken,  section  38 14 

vaccination  of  children  to  be  reported,  section  42 16 

Certificates,  average  required,  rule  3 125 

branches  required  for  county,  section  199  and  rules  15,  16  and 

17 .' 68,  127,  128 

branches  required  for  State,  section  199,  and  rules  22,  23  and 

24 68,  129* 

college  diploma  accepted,  rule  7 126 

contract  not  valid  unless  teacher  holds  a  certificate,  rule  1 —  125 

County  Superintendent,  to  be  exhibited  to,  rule  1 125- 

County  Superintendent  to  keep  record  of,  rule  1 125' 

county  certificates  valid  only  in  county  where  issued,  rules  15, 

16, 17  and  18 127,  128 

diploma  of  Normal  Schools  in  other  States  endorsed,  rule  8....  126 

examination,  city,  sections  12  and  78 7,  2& 

examination,  county,  sections  12  and  77,  and  rules  3,  4,  7,  8, 

9, 10, 11, 12,  15, 16, 17 7,  28,  125,  126,  127,  12S 

examinations,  State,  sections  12  and  76,  and  rules  3,  4,  7,  8,  9, 

10,  11,  12  and  21 7,  28, 125,  126,  129 

grammar  schools,  definition  of,  rule  18 128- 

high  school,  definition  of,  rule  18 128- 

Normal  diplomas  from  other  States  endorsed,  rule  8 126 

Normal  graduates,  certificates  issued  to,  rule  25 129* 

primary  schools,  definition  of,  rule  18 128- 

provisional  certificatep,  rule  2 125 

questions,  State  Superintendent  to  prepare,  rule  19.. 12S 

record  of,  County  Superintendents  to  keep,  rule  1 125 

revocation  of  county,  sections  5,  23,  77  and  196,  and  rule  5, 

9,  23,  67,  126 

revocation  of  State,  sections  23,  76  and  196,  and  rule  5... 9, 28, 67,  126 

special  creditp,  rule  10 126 

special  examinations,  section  77  and  rule  19 28,  128 

special  certificates,  rule  12 126 

Cities,  ages  of  pupils  in,  section  75 28 

appeal  to  County  Superintendent,  foot  note 13 

appointment  of  superintendent  in  cities  of  second  class,  section  308,  107 


196  INDEX. 


Page. 

Cities,  appropriations,  when  available,  section  276 97 

appropriations  withheld  in  certain  cases,  sections  15,  23  and  33. ..8,  9,  12 

appropriations,  modification-of,  section  272 97 

appropriations,  penalty  for  exceeding,  section  352 120 

Arbor  Day,  sections  192  and  193 66,  67 

assessment  for  payment  of  bonds,  section  181 64 

assessment  of  school  tax,  sections  142  and  269 48,  96 

balance  of  school  moneys  to  be  returned  to  county,  section  161 55 

boards  of  education  in  (see  Boards  of  Education). 

boards  of  examiners  in,  sections  17,  76,  77  and  78... 7,  28,  29 

bonds,  assessment  for,  section  181 64 

bonds,  proceedings  authorizing  to  be  approved  by  Attorney-Gen- 
eral, sections  169  and  179 59,  62 

bonds,  custodians  of  school  moneys  to  givp,  section  158 54 

bonds  for  tchool  houses,  sections  169,  176,  177,  274,  280,  290,300, 

301,  315 59,  62,  63,  97,  98,  102,  104,  108 

bonds  not  taxable,  section  182 64 

borrow  money,  sections  290  and  319 10?,  109 

bribery,  penalty  for,  sections  351  and  354 119,  120 

buildings  in  first  class  cities,  control  of,  section  294 103 

calendar  year,  State  money  may  be  used  for,  section  276 97 

census  in,  section  38 14 

colored  children  may  attend  any  school,  section  72 27 

condemnation  of  land,  sections  224,  225,  226,  227,  228,  229,  230.  231, 

232  and  233 79,  80,  81,  82 

contagious  diseases,  persons  exposed  to,  may  be  excluded  from 

schools,  section  61 23 

contagious  diseases,  schools  may  be  closed  in  cases  of,  section  60 23 

contracts  with  teachers,  section  66 25 

corporal  punishment  prohibited,  sections  68  and  69 26 

corporate  name  in  second  class  cities,  section  307 107 

damages  to  school  property,  sections  71  and  350... 27,  119 

doors  to  school  buildings  to  open  outwardly,  sections  33  and  102... 12,  37 

examinations  in,  sections  12  and  78 7,  29 

expenditures,  limit  of,  sections  266,  268  and  271 95,  96,  97 

fire  escapes  and  extinguishers,  sections  102, 104  and  105 87 

first  class,  control  of  buildings  in,  section  294 103 

first  class,  custody  of  funds  in,  section  292 103 

first  class,  loans  in,  sections  298,  299,  300,  301 104 

first  class,  payment  of  teachers  in,  section  291 102 

flags,  to  provide,  section  347 118 

graded  schools,  reports  of,  section  64 25 

holidays,  section  66  and  decision  11 25,  141 

hygiene  must  be  taught,  section  197 67 

indigent  children,  section  278 98 

industrial  schools,  sections  239,  240,  243  and  245 .84,  85,  87 

libraries  in,  sections  186  and  188 65,  66 

limit  of  expenditures  in,  sections  266,  268  and  271 95,  96,  97 


INDEX.  197 


Page. 

Cities,  loans  for  school  houses,  sections  169, 176,  280,  281,  283,  28*,  299,  310 

and  314 ..59,  62,  98,  99, 104, 107,  108 

manual  training,  sections  235,  236  and  246 83,  87 

mortgage  school  property,  sections  287  and  288 100,  101 

penalty  for  exceeding  appropriation,  section  352 120 

penalty  for  failure  to  report,  section  54 21 

penalty  for  failure  to  maintain  school  nine  months,  section  15 8 

penalty  for  failure  to  provide  suitable  school  house,  section  33 12 

penalty  for  misuse  of  school  moneys,  sections  110  and  344 38,  117 

penalty  for  violation  of  school  law,  sections  15,  23,  33,  59  and  207, 

8,9,  12,  23,  68 

plans  for  school  houses,  section  24 10 

physiology  to  be  taught,  section  197 67 

pupils,  age  of,  section  75. 28 

pupils,  transportation  of,  section  100. 36 

religious  services,  section  119 40 

residence  of  children,  decision  6 139 

reports  of,  sections  26  and  37 13 

school  term,  section  15 8 

school  year,  section  114 39 

second  class,  superintendents  in,  section  308 107 

second  class,  teachers  in,  payment  of,  section  316 109 

special  tax  in,  section  164 57 

superintendents  in  second  clasp,  section  308 107 

superintendents,  powers  of,  sections  26, 36, 37  and  193,  and  decisions 

4, 11, 13, 67,  138 

supplies,  officers  not  to  be  interested  in  furnishing,  sections  352  and 

355 , 120,  121 

tax  in,  section  164  57 

tax  in,  to  be  separate  item  in  levy,  section  165 58 

teachers,  payment  of  in  first  class,  section  291 102 

teachers,  payment  of  in  second  class,  section  316.... 109 

technical  schools,  sections  237,  239,  240  and  243 84,  85 

temporary  loans  for  current  expenses,  sections  274  and  275 97 

temporary  loans  for  school  houses,  sections  280,  283  and  299... 98,  99,  104 

temporary  loans,  security  for,  sections  285  and  286 100 

term,  length  of,  section  15 8 

tex-books,  to  supply,  section  115 39 

third  class,  election  of  boards  in,  section  318 109 

transfer  of  children,  section  99 36 

transportation  of  children,  section  100 36 

tuition  fees  unlawful,  section  74 .' 27 

truant  officers  ir,  section  210 71 

vaccination  of  pupilp,  section  42 16 

City  Superintendents,  appointment  of,  second  class  cities,  section  308 107 

penalty  for  failure  to  report,  section  59 23 

powers  of,  sections  26,  193  and  263 11,67,  94 

reports  of,  sections  36,  37  and  202 , 13,  68 


198  INDEX. 


Page. 

City  Superintendeatp,  salary,  payment  of,  decision  4... 138 

association  of  school  superintendents,  section  35 13 

College  diplomas  accepted,  rule  7 , 126 

Compulsory  education,  sections  204,  205,  206,  254,  255  and  256 69,  90,  91 

penalty  for  violation  of  law,  sections  209,  210  and 

257 70,71,91 

truant  officer?,  appointment  of,  section  209 70 

compensation  of,  section  2<  9 70 

powers  of,  sections  210  and  211 71 

Condemn  land,  appeal  to  Circuit  Court,  sections  219,  223,  227,  232  and  233, 

1 '. 75,78,79,81,82 

award  of  commissioners,  sections  217,  218,  220,  221,  224, 

227  and  231 74,  76,  79,  80,  81 

commissioners,  appointment  of,  sections  217,  220  and  226, 

74,76,78 

expenses,  sections  230 81 

jury  trial,  sections  £24  and  233 78,82 

notice  to  owners,  217,  220  and  227 74,  79 

taxable  residents  to  vote,  section  215 73 

school-house,  section  101 36 

Contagious  diseases,  persons  exposed  to,  may  be  excluded  from  schools, 

section  61 23 

schools  may  be  closed  in  cases  of,  section  60 23 

Contracts  between  teachers  and  boards  of  education,  section  66 25 

County  Collectors,  balances  to  be  paid  to,  section  161 55 

duties  of,  sections  23, 141,  142, 148, 150, 151, 155  and  161, 

9,  47,48,50,52 

County  Superintendents,  affidavits,  may  take,  section  28.... 11 

agent  for  books  shall  not  act  ap,  section  117  and 

rule  32 40,131 

agricultural    college   examinations,  to  conduct, 

sections  261  and  263 93,94 

appeals  to,  sections  67  and  70..... 26 

appeal  from  decision  of,  sections  17  and  34 8, 13 

appoint  district  clerks,  section  33 12 

appointment  of,  sections  6,  division  III,  and  25, 

and  rule  44 6, 10, 133 

apportion  school  moneys,  153  and  161  and  rule 

34...'. 51,55,131 

appropriations,  to  draw  orders  for,  sections  29 

and  155 12,  52 

appropriations  withheld  in  certain   cases,  sec- 
tions 15,  23  and  33 8,  9, 12 

Arbor  Day,  to  prepare  programmes  for,  section 

193 67 

association  of,  section  35 13 

certificates,  may  grant,  sections  30  and  97  and 
rules  2, 12,  15, 16  and  17 12,  28, 125,  126,  127 


INDEX.  199 


Page. 

ity  Superintendents,  certificates,  revoke,  may,  sections  23  and  196  and 

rule  5 '. 9,  67, 126 

condemn  school-house,  power  to,  section  101 36 

course  of  study,  may  prescribe,  sections  53,  divi- 
sion VI,  and  71 20,  27 

District  Clerk,  may  appoint,  section  32 12 

may  remove,  section  32 12 

examinations  for  Agricultural  College,  to  con- 
duct, sections  261  and  263 93,  94 

examinations  for  teachers'  certificates,  to  con- 
duct, sections  30  and  77,  and  rules  7,  9,  10, 

11, 13, 14,  15, 16, 17  and  19 12,  28, 126,  127, 128 

examiners,  may  appoint,  section  77 28 

expenses,  amount  of,  section  27  and  rule  43 11,  132 

institutes,  to  hold,  sections  6,  division  IV,  129, 

division  V  and  136,  and  rule  36 6,  45,  132 

library  for  teachers,  sections  189  and  190 66 

office  rent,  no  allowance  for,  rule  43 132 

orders  for  examiner's  salary,  to  draw,  section  77,    28 
orders  for  school  money,  to  draw,  sections  29 

and  155 , 12,  52 

penalty  for  failure  to  rtport,  rules  40  and  42 132 

provisional  certificates,  may  issue,  rule  2 125 

removal  of,  section  25 10 

report  of,  sections  23,  26,  37,  39  and  202,  and  rule 

40 9, 13,  68, 132 

reports  to,  sections  52,  53,  division  XII,  aqd  64, 

19,21,325 

salary  of,  section  26. 11 

supervise  schools,  section  26  and  rule  28 11,  130 

teacher's  library,  sections  189  and  190 66 

term  of  office,  section  25 10 

text-books,  may  prescribe,  sections  53,  division 

VI,  and  71 20,  27 

trustees,  to  appoint,  section  31 12 

vacancy  in  office,  how  filled,  rule  44 133 

visit  schools,  section  26  and  rule  26 , 11,  130 

withhold  school  moneys,  in  certain  cases,  sec- 
tions 15,  23,  33  and  101,  and  rule  35 

8,  9,  12,  36,  131 

>urse  of  Study  in  Normal  School,  section  80 30 

public  schools,  sections  53,  division  VI,  and  71 20,  27 

Custodian  of  school  moneys  in  boroughs,  section  156 52 

cities  of  the  first  class,  sections  155  and 

292 52,  103 

townships,  section  156 52 


200  INDEX. 


Page. 

Damages  to  school  property,  sections  71  and  350 27, 119 

Deaf-Mute  School,  appropriation  for,  section  95 34 

contract,  supplies  to  be  furnished  by,  section  94 34 

corporate  name,  section  89 31 

expenses,  how  paid,  section  95 34 

fire-escapes,  sections  102, 103  and  105 37 

indigent  pupils,  sections  92  and  93 33 

pupils,  admission  of,  sections  90,  92  and  93 31,  33 

pupils,  age  of,  section  92 33 

pupils,  number  of,  section  90 31 

pupils,  qualifications  of,  section  90 31 

pupils,  term  of  instruction  of,  section  92 33 

trustees  of,  section  4 6 

superintendent  of,  section  90 31 

teachers  in,  section  90 31 

treasurer  of,  sections  90  and  91 31,  33 

District  Clerk,  accounts  to  keep,  section  156 52 

advertise  elections,  section  43 16 

affidavit,  may  take,  section  58 22 

agent  for  books,  shall  not  act  as,  section  117 40 

appointed  by  County  Superintendent,  section  37 12 

appointed  by  trustees,  section  51  and  decision  13 19,  143 

bonds  to  be  attested  by,  sections  169  and  171 59,  60 

bonds  to  draw  orders  for  payment  of,  sections  173  and  181, 

62,64 

census,  to  take,  section  38 14 

certify  that  register  has  been  properly  kept,  section  63 24 

compensation  of,  section  51 19 

district  meeting  to  post  notices  for,  section  43 16 

election  of  trustees,  to  advertise,  section  43 16 

election  of  trustees,  post  notices  for,  section  43 16 

minutes,  to  keep,  section  52 19 

notices  of  district  meetings  to  post,  sections  43  and  164. ...16,  57 

orders,  to  issue,  sections  52  and  156,  and  rule  35 19,  52,  131 

penalty  for  failure  to  perform  duties,  sections  15,  32,  43  and 

57,  and  rule  35 8, 12, 16,  21,  131 

register  to  certify,  section  63 24 

removal  of,  section  32 12 

report  of,  sections  37,  52,  53,  division  XII,  156  and  183, 

13, 19,  21,  52,  64 

salary  of,  section  51 19 

vacancy,  how  filled,  section  32 12 

District  Schools,  age  of  pupils  in,  section  75 28 

appraisement  of  property,  section  346 117 

appropriation?,  when  available,  decision  No.  1 137 


INDEX.  201 


Page. 

District  Schools,  appropriations  withheld  in  certain  cases,  sections  15  and 

22 8,   9 

balances  to  be  returned  to  county,  section  161 55 

balances  may  be  used  for  repairs  in  certain  cases,  section 

161 55 

ballot,  meetings  to  vote  br,  sections  45  and  168 17,  59 

bonds  in,  sections  169,  170,  171,  172  and  182,  rule  35,  and 

decision  No.  5 59,  60,  61,  64,  131,  138 

boroughs,  form  separate  districts,  sections  47,  48  and  97, 

18,  35 

boroughs  may  consolidate  with  township,  section  97 35 

buildings,  how  provided,  section  53,  divieion  III,  101  and 

164 20,  36,  57 

cities  form  separate  districts,  section  97 35 

clerk  appointed  by  County  Superintendent,  section  32 12 

clerk  appointed  by  trustees,  section  51,  decision  13 19,  143 

colored  children  may  attend  any  school,  sections  72  and 

73 27 

condemn  land  for,  section  215 73 

contagious  diseases,  persons  exposed  to  excluded,  sections 

60  and  61 23 

corporate  name,  section  50 19 

corporal  punishment,  sections  68  and  69 26 

course  of  study  ir,  section  53,  division  VI 20 

damages  to,  sections  71  and  350 27,  119 

debts  of,  section  96 35 

disorderly  conduct  ir,  section  350 119 

doors  to  open  outwardly,  sections  33  and  102 12,  37 

election  of  trustees  for,  sections  43  and  44 16,  17 

executions  againsf,  section  62 ; 23 

fire  escapes,  sections  102, 103  and  105 37 

fire  extinguishers,  section  104 37 

flags  for,  section  347 118 

historical  days,  observance  of,  sections  194, 195  and  196....    67 

holidays,  section  66  and  decision  No.  11 25,  141 

hygiene  to  be  taught,  section  197 67 

indebtedness  to  be  reported  to  State  Superintendent,  sec- 
tion 183 64 

insurance  on,  section  53,  division  IV 20 

manual  training  in,  sections  235,  236  and  246 83,  87 

meeting?,  regular,  sections  43  and  164 16,  57 

meetings,  special,  section  53,  divisions  IX  and  X 20 

meetings  of  trustees,  section  55 22 

meetings,  notices  for,  section  43 16 

mortgage  on,  section  53,  division  III 20 

patriotism  to  be  taught,  sections  194, 1 95  and  196 67 

penalty  for  damages  to,  section  350 119 

penalty  for  excluding  children  from,  sections  72  and  73....    27 


202  INDEX. 


Page. 

District  Schools,  penalty  for  failure  to  maintain  school  nine  months,  sec- 
tions 15  and  108 8,  38 

penalty  for  violation  of  school  law,  sections  15,  23,  33, 

101  and  202,  and  rule  35 8,  9,  12,  36,  67,  131 

plans  for,  section  24 ; 10 

poll  list  at  meetings,  section  45 17 

poll  tax,  sections  164  and  349 57,  119 

polls,  time  kept  open,  sections  45  and  46 17 

pupils,  age  of,  section  75 28 

pupils,  suspension  of,  section  67 26 

religious  services  in,  section  119 40 

residence  of  school  children,  decision  No.  6 139 

school  month,  section  66..., 25 

school  term,  sections  15  and  108 8,  38 

school  year,  section  114 : 39 

sinking  fund,  section  158 54 

site,  selection  of,  foot  note  to  section  164 57 

special  laws,  may  be  relieved  from,  sections  111,  112  and 

113 38,  39 

suspension  of  pupils,  section  67 26 

tax  for,  sections  53,  division  III,  and  164 20,  57 

teachers,  dismissal  of,  section  70 26 

teacher's  orders  may  draw  interest,  section  157 54 

tellers  at  meetings,  section  45 17 

term,  length  of,  section  15 8 

text-books,  must  be  provided,  sections  53,  division  VII, 

and  115 20,  39 

towns  form  separate  districts,  section  97 35 

townships  constitute  school  districts,  section  96 35 

trustees,  appointment  of,  section  31 12 

trustees,  election  of,  sections  43,  45  and  331 16, 17,  113 

trustees,  organization  of,  section  51 19 

trustees,  term  of  office  of,  sections  47  and  48 18 

trustees,  vacancy,  how  filled,  section  31 12 

trustees,  women  eligible  as,  section  43 16 

District  school  tax,  amount  of,  section  164 57 

annual  and  special  meeting,  may  be  ordered  at,  sections 

53,  division  I,  115  and  164 20,  39,  57 

assessment  of,  section  164 57 

ballot,  vote  for,  to  be  by,  section  163 59 

bonds,  payment  of,  section  171 60 

collection  of,  sections  154  and  164  and  decisions  Noi.  7 

and  8 , 52,  57, 146 

compensation  for  assessing  and  collecting,  section  166 

and  decision  No.  8 59, 140 

condemnation  of  land,  expense  of,  section  225 78 

custodians  of,  sections  154  and  167  and  decision  No.  9, 

52,  59,  140 


INDEX.  203 


Page. 

District  School  tax,  delinquent  tax,  collection  of,  decision  No.  12 142 

execution,  to  satisfy,  section  62 23 

flags,  section  322 118 

levy,  separate  item  in,  section  165 58 

notice  for,  164 57 

payment  of,  sections  154  and  164 52,  57 

poll  tax,  sections  164  and  349 57, 119 

pupils,  transportation  of,  section  100 36 

special  meeting,  may  be  ordered  at,  sections  53,  division 

IX,  115  and  164 20,  39,  57 

taxable  residents  to  vote  on  condemnation  of  land, 

section  215 75 

text-books,  section  53,  division  VI,  and  115 20,  39 

transportation  of  pupils,  may  raise  for,  section  100 36 

Doors  to  open  outwardly,  sections  33  and  102 12,  37 


E 

Election  of  boards  of  education  in  third-class  citiep,  section  318 109 

townp,  section  324 Ill 

townships,  time  for,  sections  43  and  46, 

16,17 

township?,  ballot  to  be  by,  section  45...    17 
township?,  legal  voters  at,  section  44...    17 

Evening  schools,  section  213 73 

Examinations,  Agricultural  College,  sections  261  and  263 .93,  94 

average  required  in  county,  rule  3 125 

city,  sections  12  and  78 7,  29 

county,  sections  77  and  199,  and  rules  2, 10, 11, 12, 13, 14, 15, 

16,  17,  18  and  19 28,  68,  125,  127 

record  of,  rule  6 126 

report  of,  rule  6 126 

special,  section  77  and  rule  19. 28,128 

state,  sections  76  and  199,  and  rules  2,  10, 11, 12,  21,  22,  23, 

24  and  25 28,68,  125,  126,  129 

Examiners,  city  boards  of,  section  78 29 

county  boards  of,  section  77 28 

county  boards  of,  meetings  of,  section  77  and  rule  13 28, 127 

State  Board  of,  sections  12  and  76 7,  28 

State  Superintendent  a  member  of  all  boards  of,  section  12 7 

Executions  against  school  districts,  section  62 23 

Expenditures  in  citiep,  limit  of,  sections  266,  268  and  271 95,  96,  97 

Expenses  of  County  Examiner?,  section  77 28 

County  Superintendent?,  section  27  and  rule  43 11,  132 

industrial  school?,  section  138,  division  IX 46 

institutes,  section  137 45 

School  Fund,  section  138 46 


204  INDEX. 


Page. 

Expenses  of  State  Board  of  Education,  section  7  and  138,  division  III 7,  46 

State  Superintendent,  section  6,  division  V,  and  138,  divisiona 

II  and  VII 6,46 

Expulsion  of  pupils,  sections  53,  division  VII,  and  71 20,  27 

F 

Factories,  ages  of  children  in,  sections  205,  206,  254,  255  and  256 69,  90,  91 

certificate  that  child  in,  has  attended  school,  sections  206  and 

255 69,  90 

corporations,  proceedings  against  for  violation  of  act,  section 

214 73 

evening  echoolp,  children  may  attend,  section  213 73 

hours  children  may  labor,  section  256 91 

inspector,  sections  258  and  259 91,  92 

penalty  for  violation  of  act,  section  257 91 

temporary  school?,  section  212.... 72 

Farnum  School,  appropriation  for,  section  138,  division  VIII 46 

Fees  of  county  examinerp,  section  77 28 

township  assessor  and  collector,  sections  147, 156  and  166,  and  deci- 
sion No.  7 49,  52,  59,  140 

Fire  escapes,  sections  102,  10:3  and  105 37 

extinguishers,  section  104 37 

Flags  for  school  houses,  section  347 118 

G 

Governor  to  appoint  State  Board  of  Education,  section  1 5 

to  appoint  State  Superintendent,  section  9 7 

appropriations  for  Deaf-Mute  school,  to  approve,  section  95 34 

appropriations  for  industrial  schools,  to  approve,  section  235 83 

appropriations  for  manual  training,  to  approve,  section  235 83 

appropriations  for  school  fund,  number  of  trustees  of,  section  119,  40 

number  of  trustees  of  industrial  schools,  to  approve,  section  240,  85 

Graded  Schools,  reports  of,  section  64 25 

Grammar  schools,  definition  of,  rule  18... 128 

H 

High  schools,  definition  of,  rule  18 128 

Historic  days,  observance  of,  sections  194, 195  and  196 67 

Holidays,  legal  school,  section  66  and  decision  No.  11 25,  141 


Incidentals,  orders  for,  to  draw  interest  in  certain  casep,  section  157 54 

Incompatible  offices,  decision  No.  10 141 

Incorporated  town  a  separate  district,  section  97 35 

board  of  education  in,  sections  324,  325  and  326 Ill 


INDEX.  206 


Page. 

Industrial  schools  at  Bordentowr,  sections  248,  249,  250,  251,  252  and  253, 

87,88,  89 

appropriations  for,  sections  138,  division  IX,  236,  537 

and  243 , 46,  83,  84,  85 

custodian  of  funds  of,  section  242 85 

reports  of,  sections  2-10  and  244 85,  86 

trustees  of,  sections  240,  241  and  245 85,  87 

Institutes,  appropriations  for,  sections  137  and  138,  division  V 45,  46 

expenses  of,  to  be  reported  to  Comptroller,  section  143 48 

organization  of,  rule  36 132 

rules  for,  section  6,  division  V 6 

teachers  required  to  attend,  rule  41 132 

Union,  section  137 45 

Insurance  on  school  buildings,  section  53,  division  IV 10 

Normal  School,  sections  81  and  138,  division  II 30,  46 

Interest  on  bonds,  rate  of,  section  169 59 

district  orders,  section  157 54 

J 

Janitors,  employment  of,  section  53,  division  1 20 

L 

Legal  voters  at  school  meetings,  sections  43  and  44 16,  17 

Libraries,  school,  amount  of  first  payment,  section  185 65 

amount  of  subsequent  payments,  section  185 65 

apparatus,  may  purchase,  section  185 65 

appropriations  for,  sections  138,  division  VI,  and  185... 46,  65 

books,  selection  of,  section  187 66 

consolidation  of,  section  186 65 

teachers',  payment  to,  section  189 66 

books,  selection  of,  section  191 67 

M 

Manual  training,  appropriations  for,  section  235... 83 

course  of  study  in,  section  235 83 

report  of,  section  23*6 83 

Model  School,  section  85 31 

Mortgage,  by  districts,  section  53,  division  III 20 

school  fund  not  to  be  invested  in,  sections  126  and  127 43 

N 

Normal  School,  appropriations  for,  sections  86  and  138,  division  1 31,  46 

certificates  to  graduates  of,  rule  25 129 

course  of  study  in,  section  80 30 

diplomas  to  graduates,  section  80 30 


206  INDEX. 


Page. 

Normal  School,  examination  for  admission  to,  sections  82  and  83 30 

pledge  of  pupils,  section  83 30 

principal  of,  member  of  State  Board  of  Examiners,  section 

76 : 28 

pupils,  number  of,  section  83 30 

repairs  to,  section  80 30 

report  of,  section  80 30 

supervision  of,  section  80 30 

teachers  in,  sections  80  and  84 SO,  31 

treasurer  of,  section  80 30 

trustees  of,  sections  3  and  80.... 6,  30 

Notices  for  district  meetings,  sections  43,  53,  divisions  IX  and  X,  and  164, 

, 16,20,57 


P 

Patriotism  to  be  taught,  sections  194,  193  and  196 67 

Penalty  for  exceeding  appropriations,  section  352 120 

excluding  children  from  school,  section  73 27 

failure  to  post  notices,  section  43 16 

misuse  of  school  mo  neys,  sections  110  and  344 38,  117 

violation  of  school  law,  sections  15,  23,  33,  54,  59  and  108,  and 

rule  35 8,  9,  12,  21,  23,  38, 131 

Petition  for  district  meeting,  section  53,  division  X 21 

Plans  for  school-houses,  sections  18  and  24 9, 10 

Poll-tax,  section  349 119 

Polls,  time  kept  open,  section  46 17 

Primary  schools,  definition  of,  rule  18 128 

Provisional  certificates,  rule  2 125 

Pupils,  ages  of,  section  75 28 

books  for,  sections  53,  division  VIII,  and  115 20,  39 

contagious  diseases,  pupils  exposed  to  prohibited  from  attending 

school,  sections  60  and  61 23 

corporal  punishment  prohibited,  sections  68  and  69 2^ 

course  of  study,  sections  53,  division  VI,  and  71 20,  26 

damage  to  school  property,  liable  for,  sections  71  and  350 27,  119 

expulsion  of,  section  53,  division  VII,  and  71 20,  27 

residence  of,  decision  No.  6 139 

suspension  of,  sections  53,  division  VII,  67  and  71,  and  decision 

No.  8 -20,  26,  27, 138 

teachers  must  submit  to  authority  of,  sections  67  and  71 26,  27 

transfer  of,  section  99 36 

transportation  of,  section  100 36 

tuition  fees  not  lawful,  section  74 27 

vaccination  of,  section  42 16 


INDEX.  207 


.      R 

Page. 

Register,  teacher  to  keep,  section  63 24 

Religious  services  in  schools,  section  119 40 

Removal  of  District  Clerk,  section  25  and  32 10,  12 

Report  of  City  Superintendent,  sections  36,  37  and  202 13,  68 

County  Superintendent,  sections  23,  36  and  37  and  rules  6,  39 

and  40 9, 13, 126,  132 

Deaf-Mute  School,  section  95 34 

district  clerk,  sections  37,  53,  division  XII,  and  54 13,  20,  21 

indebtedness  of  districts,  section  183 , 64 

industrial  schools,  sections  240  and  244..-. 85,  86 

manual  training,  section  236.... 83 

Normal  School,  section  80 30 

school  fund,  sections  124  and  133 42,  44 

State  Board  of  Education,  section  8 7 

State  Superintendent,  section  21  and  rule  7 9,  126 

teacherp,  section  64 25 

Reserve  fund,  apportionment  of,  section  152 51 

Residence  of  school  children,  decision  No.  6 139 

Revocation  of  certificates,  sections  23,  76  and  196  and  rule  5 9,  28,  67,  126 

Riparian  lands,  proceeds  of  sale  of,  to  go  to  school  fund,  section  121 41 


Salary  of  County  Superintendents,  section  26 11 

district  clerks,  section  51 19 

State  Superintendent,  sections  9  and  138,  division  IV 7,  46 

teachers,  sections  15,  23,  53,  division  I,  and  157.. 8,  9,  20,  54 

Scholarships  in  agricultural  college,  section  264 94 

School  Fund,  apportionment  of  appropriation  from,  sections  14  and  29 7, 12 

appropriations  from,  6.  7, 9, 14,  24, 81,  86  95, 126, 127, 135, 136, 

137, 138,  235,  237,  240,  242,  243  and  264 

6,  7, 10,  30,  31,  34,  43,  45,  46,  83,  84,  85,  95 

appropriations  from,  paid  by  State  Fund  in  certain  cases, 

sections  135  and  140 45,  47 

expenses  of,  section  138 46 

investment  of,  sections  121,  122,  123,  124,  125,  126,  131,  132 

and  175 41,  42,  43,44,  62 

report  of,  sections  124  and  133 42,  44 

secretary  of,  section  134 45 

treasurer  of,  section  124 42 

trustees  of,  section  119 40 

School-houses  (see  Buildings). 

meetings  (see  District  School^). 

month,  section  66 25 

term,  section  15 8 

trustees  (see  Boards  of  Education). 


208  INDEX. 


Page! 

School  year,  section  114 39 

Secretary  of  School  Fund,  section  134 ?... 45 

State  Board  of  Education,  section  12 7 

Sectarian  schools,  public  moneys  not  to  be  given  to,  section  152 54 

Sinking  funds  for  schools,  section  159 54 

Special  charters,  sections  97,  340,  341  and  342 35, 116, 117 

examinations,  section  77  and  rule  19 28,  128 

teacherp,  rule  12 126 

laws,  districts  acting  under,  may  abandon,  sections  111,  112,  113. ..38,  39 

State  Association  of  Scaool  Superintendent?,  sections  12  and  35 7,  13 

State  Board  of  Education,  appeals  to,  sections  6,  division  VI,  and  17 7,  8 

appoint    County   Superintendents,  sections  6, 

division  III,  and  25 6,  10 

appoint  census  supervisor,  section  40 15 

appoint  trustees  of  technical  schools,  sections 

240  and  248 85,  88 

appointment  of,  section  1 5 

apportion  reserve  fund,  section  152 51 

compensation  of,  section  7 7 

Deaf-Mute  School,  trustees  of,  section  4 6 

duties  of,  sections  3,  4  and  5 6 

examinations,  to  make  rules  for,  sections  76 

and  77 28 

expenses  of,  sections  7  and  138,  division  III 7,  46 

manual  training,  to  approve  course. of  study  in, 

section  235 83 

members  of,  section  1 5 

Normal  School,  trustees  of,  section  3 6 

quorum  of,  section  5 6 

report  of,  sections 7 

secretary  of,  section  12 7 

State  School  Tax,  abstract  of  to  be  given  to  assessors  and  collectors,  section 

142 48 

amount  of,  section  141 47 

apportionment  for  collection,  section  142 48 

apportionment  of  reserve  fund,  section  152 51 

apportionment  by  assessors,  section  142 48 

assessment  of,  sections  141,  142,  143,  144  and  145...  47,  48,  49 
balances,  paid  to  successor  by  township  collector,  sec- 
tions 156, 161  and  165,  and  decision  No.  8. ..52,  55,  58,  140 
balances  may  be  used  for  repaiis  in  certain  cases,  sec- 
tion 161 55 

borrow  money  to  pay,  section  149 50 

collection  of,  sections  141,  146,  147  and  151 47,  49,  50 

custodian  of,  sections  156  and  decision  No.  9 52,  140 

fourth  class  counties,  payment  by,  section  151 50 

orders  for,  section  156 52 

payment  to  State  Treasurer,  sections  148,  150  and  151 50 


INDEX.  209 


Page 

State  School  Tax,  payment  to  counties,  sections  152  and  154 51,  52 

to  townships,  section  155 52 

report  of,  section  150 62 

reserve  fund,  section  152 51 

third  class  counties,  payment  by,  section  151 50 

transfer  of,  section  99 36 

withheld  in  certain  cases,  sections  15,  23,  33  and  108, 

8,  9,  1",  38 

State  Superintendent,  appeals  from  decisions  of,  sections  6,  division  VI, 

and  17 .' 7,  8 

appeals  to,  sections  17  and  31 8,  13 

appointment  of,  section  9 7 

appoint  County  Superintendents,  rule  44 133 

apportion  State  appropriation,  section  14 7 

appropriations,  to  withhold  in  certain  cases,  sections 

15  and  23 8,  9 

blanks,  to  prepare,  sections  16  and  180 8,  64 

census,  control  of,  sections  38  and  39 14,  15 

certificates,  may  revoke,  section  23  and  rule  5 9,  126 

examinations,  to  prepare  questions  for,  rule  19 128 

examiners,  member  of  boards  of,  sections  12  and 

76 7,  28 

expenses  of,  sections  6,  division  V,  and  138,  divisioos 

II  and  VII 6,  46 

manual  training,  draw  orders  for,  section  235 83 

office,  location  of,  section  10 7 

penalty  for  violation  of  law,  may  remit,  sections  54 

and  109 11,  38 

plans  for  school  houses,  to  prepare,  sections  18  and 

24 9, 10 

report  of,  section  21  and  rule  7 9,  126 

revoke  certificates,  section  23  and  rule  5 9, 126 

salary  of,  sections  9  and  138,  division  IV 7,46 

school  laws,  to  print,  section  1C 8 

seal  of  office,  section  20 9 

secretary  of  State  Board  of  Educa  ion,  section  12 7 

term  of  office,  section  9 7 

Supplies,  school  officers  not  to  be  interested  in  furnishing,  sections  118, 

353  and  355 40, 120,  121 

to  be  furnished  to  pupils,  sections  53,  division  VIII,  and  57. 21,  33 

Surplus  revenue,  sections  153  and  184 51,  (io 

T 

Tax,  local,  sections  62,  115, 164  to  173,  181,  235,  237,  239,  243,  246 

< 23,  39,  57,  62,  64,  83,  84,  85,  87 

State,  sections  141  to  163 47 

Taxable  residents  to  vote  for  condemnation  of  land,  sections  215  and  220  ..73, 76, 

14 


210  INDEX. 


Page. 

Teachers,  appeal  to  County  Superintendent,  sections  67  and  70 26 

certificate  to  be  exhibited  to  Cjunty  Superintendent,  rules  1 

and  2 125 

endorsement  of,  rule  8 126 

required,  section  65  and  rnles  1  ami  2 25,  125 

revocation  of,  sectioi  s  23  and  76  and  rule  5 9,  L'8  126 

contract,  sections  66  and  70  and  rule  1 25,  26,  125 

corporal  punishment  prohibited,  section*  68  and  69  26 

dismissal  of,  section  70 26 

employment  of,  section  53,  division  1 20 

examinations,  city,  sections  1  ,  78  a-d  199 7,  29,  68 

examinations,  county,  sections  12,  77  and  199,  and  rules  3.  4,  6, 

7,  8,  9, 10,  11  and  12 7  2S,  68  12%  126 

examinations.  State,  sections  12,  76  and  199  and  rules  3,  4.  6.  7, 

8,  9,  11,  12,  21,  22,  23  and  24 7.  28,  68,  125,  126,  129 

his  oric  days,  to  observe,  sections  194.  195  and  196 67 

holidays,  section  66  and  decision  No.  11 25,  141 

institutes,  required  to  attend,  rule  41 132 

penalty  for  violation  of  school  law,  sections  15,  23,  64  and  196, 

8,  9,  25,  67 

provisional  certificates,  rule  2 125 

pupils,  authority  over,  sections  67  and  71 26,  27 

register,  to  keep,  section  63 24 

reports  of,  sections  64,  65  and  67 25,  26 

revocation  of  certificates  of,  section  23  and  rule  5 9,  126 

salaries  of,  sections  15,  23, 157  and  316 8,  9,  54,  109 

suspend  pupils,  section  67  and  decision  No.  3 26,  138 

temporary  certificates,  rule  2 125 

Technical  schools,  sections  237,  238,  239,  240,  243,  244  and  245 84,  85,  86,  87 

Tellers  at  school  meetings,  section  45 17 

Temporary  certificates,  rule  2..: 125 

schools,  section  212 72 

Term,  length  of  school,  section  15 8 

Text-books,  to  be  supplied  pupils,  sections  53,  division  VIII,  and  115 20,  39 

Towns,  separate  school  districts,  section  97 35 

boards  of  education  in,  sections  324,  325  and  326 Ill 

custodian  of  school  moneys  in,  section  327 Ill 

incorporation  of,  section  322 110 

tax  in,  section  328 112 

Township,  board  of  education  in,  sections  47  and  48 18 

constitutes  school  district,  section  96 35 

elections  in,  sections  43,  44,  45  and  46 16, 17 

Collector,  balance  paid  to  successor,  section  154 52 

balance  paid  to  county,  section  161 55 

bonds  of,  liable  for  school  money,  section  159 54 

compensation  of,  sections  147,  154  an<]  166,  and  deci- 
sion No.  7 49,  52,  59,  140 


INDEX.  211 


Page. 

Township  Collector,  custodian  of  school  moneys,  sections  154,  158,  159, 

161,  213,  rule  35  and  decision  No.  9..52, 54,  58, 85, 131, 140 
district  tax,  to  collect,  sections  62,  151, 169,  170  and 

171 23,50,57 

report  of,  sections  37  and  154 13,  52 

State  tax,  collection  of,  sections  141,  146, 147  and  151, 

47,49,  50 

term  of  office  of,  section  156 52 

Treasurer,  Deaf-Mute  School,  sections  90  and  91 31,33 

districts  having  special  charters,  section  338 115 

Normal  School,  section  80 30 

school  fund,  section  124 42 

town,  section  328 112 

Truant  officers,  sections  209,  210  and  211 71,  72 

Tuition  fees  not  legal,  section  74 27 

U 

Ungraded  school,  definition  of,  rule  18 '. 128 

V 

Vacancy,  County  Superintendent,  how  filled,  rule  44 133 

district  clerk,  how  filled,  section  32 12 

incorporated  town,  board  in,  section  3  6 Ill 

township  board,  how  filled,  section  31 12 

Vaccination  of  pupils,  section  42 ,....' 16 

Visitation  of  schools,  section  24  and  rule  26 11,  130 

.     W 

Women,  eligible  as  trustees,  section  43 16 

vote  at  school  meetings,  may,  sectio.i  44 17 


212  INDEX. 


BLANKS  AND  FORMS. 

Forms  for  City  Superintendents. 

Bond  for  school-house  loan,  Form  No.  20 156 

Manual  training,  application  for,  Form  No.  28 163 

Forma  for  County  Superintendents. 

Appointment  of  District  Clerk,  Form  No.  10 153 

Appointment  to  fill  vacancy  in  Board  of  Education,  Form  No.  9 152 

Apportionment  of  balances,  notice  to  Township  Collector  Form  No. 

16 155 

Apportionment  of  balances,  notice  to  District  Clerk,  Form  No.  17 155 

Certificate  in  cases  of  appeal,  Form  No.  18 155 

Certificates,  directions  given  to  candidates  for,  Form  No.  48 178 

Certificate,  teachers',  notice  revoking,  Forms  NOP.  14  and  15 151 

Condemning  a  school-house,  Form  No.  19 156 

County  Collector,  order  for  $100,000  appropriation,  Form  No.  4 151 

County  Collector,  order  for  balances,  Form  No.  7 152 

County  Collector,  order  for  State  school  tax,  Form  No.  5 151 

County  Collector,  order  for  interest  of  surplus  revenue,  Form  No.  6....  151 

Examiners' salary,  order  for,  Form  No.  8 152 

Examination  of  teachers,  notice  of,  Form  No.  13 154 

Expenses,  statement  of,  Form  No.  3 .".. 149 

Institute,  certificate  of  attendance,  Form  No.  2 149 

Institute,  notice  of,  Form  No.  1.. 149 

Teachers'  certificate,  notice  to  District  Clerk  of  revocation  of,  Form 

No.  15 154 

Township  Collector,  order  to  withhold  school  money  from  a  district, 

Form  No.  12 153 

Township  Collector,  order  to  withhold  school  money  from  a  teacher, 

Form  No.  11 , 153 

Forms  for  District  Clerks. 

Affidavit  to  bill,  Form  No  39 172 

Annual  meeting  for  election  of  Trustees,  notice  of,  Forn>No.  33 170 

Annual  meeting  for  ordering  District  tax,  notice  of,  Form  No.  35 171 

Board  of  Trustees,  notice  of  meeting  of,  Form  No.  34 170 

Bonds,  directions  for  proceedings,  Form  No.  31 167 

Bonds,  report  of  proceedings,  Form  No.  29 163 

County  Superintendent,  notice  of  vacancy  in  Board  of  Trustees,  Form 

No.  40 : 173 

County  Superintendent,  notice  of  election  of  Trustee*,  Form  No.  25....  161 
County  Superintendent,  report  of  amount  of  District  school  tax  ordered 

to  be  raised,  Form  No.  21 158 

Duties  of,  Form  No.  47 '.  177 

Library,  report  of  purchases,  Form  No.  27 163 

Manual  training,  application  for,  Form  No.  28 163 


INDEX.  213 


Page. 

Forms  for  District  Clerks — Continued. 

Minutes  of  Trustee  meeting 165 

School  tax,  notice  to  Assessor  of,  Form  No.  22 159 

Various  specifications  of  business  to  be  transacted  that  may  be  inserted 
in  any  notice  for  District  meeting,  Form  No.  47 177 

Appeal  to  State  Superintendent,  Form  No.  54.... 181 

Application  for  State  aid  for  library,  Form  No.  26 162 

Application  for  loan  from  school  fund,  Form  No.  30 166 

Bonds  to  be  issued  for  loan,  Form  No.  32 169 

Contract  with  teacher,  Form  No.  42 174 

Contract  for  building  a  school  house,  Form  No.  45 176 

Deed  for  school  house  site,  Form  No.  44 •  175 

Lease,  form  of,  Form  No.  43 174 

Minutes  of  Trustee  meeting 165 

Note  for  money  borrowed,  Form  No.  46 177 

Order  for  teachers' salary,  Form  No.  23 160 

Order  for  miscellaneous  purposes,  Form  No.  24 161 

Special  District  meeting,  notice  for,  Form  No.  36 171 

Vacancy  in  Board  of  Trustees,  notice  of,  Form  No.  40 173 

Various  specifications  of  business  to  be  transacted  that  may  be  inserted 

in  any  notice  for  District  meeting,  Form  No.  47 177 

Forma  for  Teachers. 

Appeal  to  State  Superintendent,  Form  No.  54 181 

Certificate  that  child  has  attended  school,  Form  No.  49 179 

Contract  with  district,  Form  No.  42 174 

Examinations,  directions  for,  Form  No.  48 178 

Report  to  County  Superintendent  when  leaving  a  school  before  the 

end  of  the  school  year,  Form  No.  50 179 

Report  to  trustees  of  suspension  of  pupile,  Form  No.  51 180 

Forms  for  Township  Collectors. 

Duties  of,  Form  No.  52 180 

Forms  for  District  School  Meetings. 

Minutes  of  meeting  authorizing  the  issue  of  bonds 165 

Notice  to  officers  elected  by  district,  Form  No.  41 173 

Order  of  business,  Form  No.  38 172 

Miscellaneous  Forms  and  Directions. 

Appeal  to  State  Superintendent,  Form  No.  54 181 

Calendar  for  school  elections  and  duties 182 

Certificate?,  directions  for  candidates,  Form  No.  48 178 

Decisions  by  State  Superintendent 137 

Report  of  County  Clerk  to  County  Superintendent  of  names  and 
post-office  address  of  Township  Collectors  and  City  Treasurers, 

Form  No.  53 181 

Rules  and  regulations  prescribed  by  State  Board  of  Education 125 


Amendments  to  School  Law 


AND 


Rules  of  State  Board  of  Education 


1896. 


Amendments  to  School  Law. 


The  following  amends  section  47  of  the  school  law,  edi- 
tion of  1895 : 

The  board  of  education  of  any  school  district  acting  under   Boards  of educa- 

tion  may  divide 

the  provisions  of  this  act,  and  which  district  is  not  divided    districts  into 

precincts. 

into  wards,  may  divide  said  school  district  into  eight  pre-  p.  L.  i89e, chap. 
cincts,  which  precincts  shall  be,  as  nearly  as  may  be,  equal 
in  population,  and  in  the  formation  of  said  precincts  they 
shall  be  so  constituted  that  each  of  said  precincts  shall  con- 
tain at  least  one  school-house  unless  said  district  contains 
less  than  eight  school  buildings,  and  hereafter  upon  the  ex- 
piration of  the  term  of  office  of  a  member  of  a  board  of 
education  now  in  office,  his  successor  shall  be  nominated  from 
one  of  said  precincts  which  now  has  no  representation  OD 
the  board  of  education,  and  thereafter,  upon  the  expiration 
of  the  term  of  a  member  of  the  board  of  education,  his  suc- 
cessor shall  be  nominated  from  the  same  precinct  in  order 
that  each  of  said  precincts  may  at  all  times  be  represented 
on  the  board  of  education  ;  and  there  shall  also  be  one  mem- 
ber at  large  nominated  from  the  school  district;  provided,  Proviso. 
that  whenever  any  district  has  heretofore  or  may  hereafter 
vote  to  reduce  the  number  of  members  of  the  board  of  edu- 
cation to  either  three  or  five,  the  board  of  education  shall 
immediately  re-arrange  said  precincts  so  that  the  number  of 
precincts  shall  be  one  less  than  the  number  of  members  of 
the  board  of  education  of  said  district,  so  that  there  shall  at 
all  times  be  a  member  of  said  board  of  education  from  each 
of  said  precincts  and  one  at  large,  and  said  members  shall 
be  elected  at  the  same  time  and  in  the  same  manner  as  is 
now  provided  by  law. 

[Insert  on  pet  ye  17. ~\ 


The  following  amends  section  90  of  the  school  law,  edi- 
tion of  1895  : 

The  comptroller  of  this  state  shall  be  the  treasurer  of  the  comptroller  to 

1  be  treasurer. 

New  Jersey  schools  for  deaf-mutes.  p.  L.i896,chaP 

95,?  I- 

[Insert  on  page  -3J.'] 


Every  district  organized  and  acting  pursuant  to  the  pro- 
visions  of  the  act  to  which  this  is  an  amendment,  be  and  P.  L.  isoe, 
the  same  is  hereby  validated  and  confirmed  as  a  legal  school 
district,  in  accordance  with  and  pursuant  to  the  terms  of  the 
act  to  which  this  is  an  amendment,  and  all  the  official  acts  Acts  of  boards 

of  education 

of  boards  of  education  or  trustees  of  such  school  districts  be   confirmed  and 

established. 

and  the  same  are  hereby  confirmed  and  legally  established, 
as  fully  and  to  the  same  effect  as  if  this  amendment  had  not 
been  passed,  and  that  all  obligations,  debts  and  bonds  in- 
curred or  issued  by  or  on  behalf  of  school  districts  organized 
under  the  act  mentioned  in  the  title  of  this  act,  entitled 
"An  act  to  establish  a  system  of  public  instruction  "  (Revi- 
sion), approved  March  -twenty-seventh,  one  thousand  eight 
hundred  and  seventy-four,  and  all  acts  amendatory  thereof 
or  supplementary  thereto,  are  hereby  declared  to  be  the 
legal  obligations,  debts  and  bonds  of  such  school  district. 

[Insert  on  page  J^SJ] 


The  following  amends  section   157  of  the  school   law, 
edition  of  1895: 

It  shall  be  the  duty  of  the  county  superintendent  of  each 
county,  on  or  before  the  fifteenth  day  of  May,  annually,  to  ^°er£.on  scho 
apportion  to  the  districts  of  this  county  the  state  school  P^L.ISQG 
moneys,  together  with  the  interest  of  the  surplus  revenue 
belonging  to  said  county,  in  the  following  manner : 

I.  He  shall  apportion  to  each  district  a  sum  equal  to  two  Amount. 
hundred  dollars  for  each  teacher  employed   in  the  public 
schools   in  such    district  for   the  full    time  for   which  the 
schools  in  such   district  were    maintained  during  the  year 

next  preceding  such  apportionment;  provided,  that  when  Proviso. 
in  the  judgment  of  a  majority  of  the  board  of  education  of 
any  school  district,  any  school  within  the  district  has  needed 
and  does  need  an  additional  teacher  a  portion  only  of  the 
school  year,  the  time  to  be  determined  by  said  board,  and 
be  not  less  than  four  school  months,  and  said  board  shall 
certify  the  same  to  the  county  superintendent  on  or  before 
the  first  day  of  April  in  each  year,  and  the  county  superin- 
tendent shall  thereupon  further  apportion  to  such  district 
the  sum  of  eighty  dollars  for  every  additional  teacher  thus 
certified  to  be  needed,  but  said  additional  apportionment 
shall  not  be  made  to  any  district  in  which  an  additional 
teacher  as  aforesaid  has  not  been  employed  for  the  term  of 
four  months  in  the  year  preceding  that  for  which  the  appor- 
tionment is  made. 

II.  He  shall  apportion  to  each  district  the  remainder  of  Remainder  of 

moneys ;  now 

the  school  moneys  belonging  to  his  county  on  the  basis  of  app°rtioned 
the  last  published  school  census. 

[Insert  on  page  55. ~\ 


The  ^following  amends   section    172   of  the  school    law, 
edition  of  1895: 

It  shall  and  may  be  lawful  for  the  legal  voters,  either  at   Legal  voters 

J  .  may  authorize 

the  annual  meeting:  or  at  a  special  meeting  called  for  that  boards  of  educa- 
tion to  issue 

purpose,  by  the  consent  of  a  majority  of  those  present,  to  ^aS  fand^'etc 
authorize  the  board  of  education,  for  the  purpose  of  purchas-  P.  L.  ISOR, 
ing  land  for  school  purposes  or  for  the  purpose  of  building 
a  school-house  or  school  houses,  or  making  additions,  altera- 
tions, repairs  or  improvements  in  or  upon  such  school- house 
or  school-houses  already  erected,  and  the  lands  upon  which 
the  same  are  located,  and  for  the  purchase  of  school-furni- 
ture, to  issue  bonds  of  the  district  in  corporate  name  of  the 
district  in  such  sums  and  in  such  amounts  and  payable  at 
such  times  as  the  legal  voters  so  met  may  direct,  with  interest 
at  a  rate  not  exceeding  six  per  centum  per  annum,  payable 
half-yearly;  which  bonds  shall  be  signed  by  the  president 
of  the  board  of  education  and  attested  by  the  district  clerk, 
and  shall  bear  the  seal  of  the  district,  and  said  bonds  shall 
have  coupons  attached  for  current  payment  of  interest,  which 
coupons  shall  be  signed  by  the  district  clerk  and  shall  be 
numbered  to  correspond  to  the  bond  to  which  they  are 
attached;  and  any  bonds  so  issued  shall  be  numbered  and 
a  proper  registry  thereof  kept  by  the  district  clerk  ;  and 
such  bonds  may  be  sold  at  public  or  private  sale  for  the  best 
obtainable  price,  but  not  less  than  par ;  said  bonds  shall  be 
a  lien  upon  the  real  and  personal  estates  of  the  inhabitants 
of  the  district,  as  well  as  the  property  of  the  district,  and 
the  property  of  the  inhabitants,  as  well  as  the  property  of 
the  district,  shall  be  liable  for  the  payment  of  the  same  ; 
and  in  all  cases  copies  of  all  papers  and  proceedings  author- 
izing the  issue  of  such  bonds  shall  be  submitted  to  the 
attorney-general  for  his  approval  of  the  legality  of  the  same, 
and  duplicate  copies  of  such  papers  and  proceedings  shall 
be  sent  to  the  state  superintendent  of  public  instruction. 

\_Ins( rt  on  page  63  ] 


In  all  cases  where  bonds  have  been  heretofore  issued  by  Bonds  heretofore 

*      issued  declared 

the  board  of  education  or  the  trustees  of  any  school  district  legal  and  valid. 
pursuant  to  the  consent  of  a  majority  of  the  legal  voters  Chap.  99,  |i. 
present  at  either  an  annual  meeting  or  a  special  meeting 
called  for  that  purpose,  or  where  bonds  have  been  voted  as 
aforesaid,  but  not  yet  actually  issued  or  delivered,  the  pro- 
ceeds of  the  sale  of  said  bonds  having  been  applied,  or  to  be 
applied,  in  whole  or  in  part,  to  the  building  and  furnishing 
of  a  school-house,  and  the  only  ground  of  the  invalidity  of 
the  said  bonds  or  proposed  bonds  is  that  they  were  issued, 
or  are  intended  to  be  issued,  in  part  for  the  furnishing  of 
such  school-house,  such  bonds  so  issued  or  intended  to  be 
issued,  and  the  proceedings  relating  to  the  issuance  and  sale 
thereof  are  hereby  declared  to  be  legal. 

[Insert  on  page  69.] 


The  following  amends  section  243  of  the  school  law,  edi- 
tion of  1895  : 

The  trustees  of  schools  for  industrial  education,  to  be  Termofoffice 
hereafter  appointed  by  the  governor  of  this  state  for  full  £  t™stgee6s<  h 
terms  under  and  by  virtue  of  the  acts  to  which  this  is  a  48,  g  i. 
supplement  or  the  supplements  thereto,  shall  serve  for  terms 
of  four  years  and   not  for  terms  of  five  years,  as  now  re- 
quired by  law. 

[Insert  on  page  89J] 


The  following  amends  section  251  of  the  school  law,  edi- 
tion of  1895: 


Sesrdh°owtrap-  ID  ^eu  °f  the  trustees  of  the  manual  training  and  indus- 
i  6  cha  tr'a^  sch°°l  at  Bordentown,  New  Jersey,  designated  in  the 
i.  act  t0  which  this  is  an  amendment,  the  trustees  of  said  school 

shall  consist  of  the  state  superintendent  of  public  instruc- 
tion and  the  county  superintendent  of  schools  of  Burlington 
county,  ex-officio,  and  six  persons  to  be  appointed  by  the 
governor,  who  shall  respectively  hold  their  office  as  trustees 
for  a  period  of  three  years,  and  until  their  successors, 
respectively,  are  appointed  ;  tfie  board  of  trustees  herein 
provided  for  shall  have  and  possess  all  the  power  and 
responsibilities  heretofore  conferred  upon  and  held  by  the 
trustees  of  said  school  by  the  act  to  which  this  is  an  amend- 
ment. 

[Insert  on  page  9%  '.] 


Boards  of 
Education 
authorized  to 
purchase  land, 
erect  school 
buildings  and 
issue  bonds 
P.  L.  18SIO, 
Chap. 


Proviso 


That  in  townships  of  this  state  now  or  hereafter  having  a 
population  exceeding  fifteen  thousand  inhabitants,  as  shown 
by  any  census  taken  under  the  authority  of  any  act  of  con- 
gress, or  of  any  law  of  this  state,  the  board  of  education  of 
such  township  shall  have  authority  to  purchase  all  necessary 
land  for  school  purposes  and  erect  all  necessary  school  build- 
ings thereon,  and  to  authorize  the  issuance  of  bonds 
pledging  the  property  of  the  whole  township  for  the 
payment  thereof  and  to  provide  for  the  payment  of  the 
principal  and  interest  of  said  bonds,  and  possess  all 
power  with  relation  to  the  purchase  of  lands  and  the 
erection  of  school  buildings  now  vested  in  any  properly 
called  annual  or  special  school  meeting,  as  now  pro- 
vided by  law  ;  provided,  however,  that  no  lands  shall  be 
so  purchased,  or  school  house  or  houses  contracted  to  be 
erected,  or  erected  thereon,  and  no  bond  issue  authorized 
until  the  consent  of  the  township  committee  to  such  pro- 
posed purchase  of  land,  or  the  erection  of  such  school 
building  or  buildings  thereon,  and  to  the  necessary  bond 
issue  therefor,  shall  have  been  first  obtained  by  a  resolution 
duly  passed  by  such  committee  and  certificate  thereof  made 
to  the  board  of  education  by  the  township  clerk  under 
the  seal  of  the  township. 


[ Inse rt  on  page  118.~] 


1.  Whenever  in   any   incorporated    town    in    this   state  Towns  may 
more  or  better  school  accommodations  shall  be  needed   it  topSwe 
shall  be  lawful  for  the  common  council  or  other  governing  schodSuse 
body  of  such  town  to  borrow    money   to   an   amount  not  chap-icC' 
exceeding  the  sum  of  fifty  thousand  dollars,  for  the  purpose 

of  purchasing  lands  and  erecting  school- houses  thereon,  or 
adding  to,  enlarging  or  rebuilding  such  school-houses  as  may 
now  be  too  small  or  unsuitable  for  school  purposes,  or  for 
the  erection  of  new  school  buildings  on  lands  already  owned 
by  such  town  or  the  board  of  education  thereof. 

2.  The  said  common  council  or  other  governing  body  of  May  issue 
such   incorporated  town,  to  secure  the  payment  of  the  sum 

or  sums  so  borrowed,  may  issue  bonds  in  the  corporate  name 
of  such  town,  to  be  denominated  u  school  bonds  of  the  town 

of ,"  not  to  exceed  in  the  aggregate  the  sum  of  fifty  Amount. 

thousand  dollars,  payable  in  not  more  than  thirty  years, 
bearing  interest  not  to  exceed  the  rate  of  four  per  centum 
per  annum,  pledging  the  faith  and  credit  of  such  town  for 
payment  thereof,  which  bonds  shall  be  sold  the  highest 
bidder  at  not  less  than  par  value;  provided,  however,  that  Proviso, 
the  purchase  of  lands  for  such  purposes  and  the  erection  of 
school- houses  with  the  money  so  borrowed  shall  be  under 
the  direction  and  control  of  the  board  of  education  of  such 
town. 

3.  The  common  council  or  other  governing  body  of  said   Paymentof 
town  shall  provide  for  the  payment  of  the   principal  and 
interest  of  said  public  school  bonds  in  the  manner  and  under 

the  regulations  prescribed  for  the  raising,  of  public  revenues 
in  such  incorporated  town. 

4.  If  the  charter  of  any  such  incorporated  town  in  this  when  provisions 

p  •    i  i      i  1°^ act  s^a^  D0t 

state  shall  limit  the  amount  of   indebtedness  that  may  be  hereafter  be  held 

to  3-pply* 
incurred,  or  by  its  terms  prevent   the  carrying-out  of  the 

provisions  of  this  act,  the  same  shall  not  hereafter  be  held 
to  apply  to  the  raising  of  money  under  the  provisions  of 
this  act,  any  other  law  to  the  contrary  notwithstanding. 

[Insert  on  page 


[Insert  at  page  /££.] 

1.  \Vheneveritshallappearbytheannual  school  census  voters  to  deter- 
that   there  are  between  eight   hundred  and  fifteen  hundred   ^mbS""*" 
children  of  legal  school  age  in  any  school  district  now  enti-  ^"^e,  chap. 
tied  by  law  to  have  but  three  trustees,  then  it  shall  be  law-  I9' 

ful  for  the  legal  voters  of  the  said  district  at  their  next 
annual  meeting  for  the  election  of  school  trustees  to  deter- 
mine by  a  majority  vote  of  those  present  whether  the  num- 
ber of  school  trustees  shall  or  shall  not  be  increased  to  five. 

2.  In  case  it  be  decided  to  increase  the  number  of  school   Election  of  trus- 

tees and  term  of 

trustees  in  any  such  school  districts  to  five,  then  the  said  office. 
legal  voters  shall  proceed  to  elect,  in  the  manner  in  which 
school  trustees  are  now  elected,  two  additional  trustees,  one 
to  hold  office  for  two  years  and  one  for  three  years,  and 
annually  thereafter  a  trustee  or  trustees  shall  be  elected  for 
the  term  of  three  years,  and  to  fill  the  places  of  those  whose 
terms  expire. 

3.  It  shall  be  the  duty  of  the  district  clerk  in  districts  Dudes  of  district 
coming  within  the  provision  of  the  first  section  of  this  act, 

in  his  notice  for  the  annual  meeting  of  school  trustees  to 
insert  a  notice  that  there  are  within  the  district  between 
eight  hundred  and  fifteen  hundred  children  of  legal  school 
age,  and  that  it  will  be  determined  at  said  annual  meeting 
whether  the  said  board  of  school  trustees  shall  consist  of 
three  or  five  ;  provided,  further ,  that  no  vote  shall  be  taken  Proviso 
on  this  subject  unless  public  notice  shall  have  been  given  as 
herein  provided  for. 


1.  Whenever  in   any   incorporated    town    in    this   state  Towns  may 
more  or  better  school  accommodations  shall  be  needed   it 

shall  be  lawful  for  the  common  council  or  other  governing 
body  of  such  town  to  borrow  money  to  an  amount  not 
exceeding  the  sum  of  fifty  thousand  dollars,  for  the  purpose 
of  purchasing  lands  and  erecting  school- houses  thereon,  or 
adding  to,  enlarging  or  rebuilding  such  school-houses  as  may 
now  be  too  small  or  unsuitable  for  school  purposes,  or  for 
the  erection  of  new  school  buildings  on  lands  already  owned 
by  such  town  or  the  board  of  education  thereof. 

2.  The  said  common  council  or  other  governing  body  of  May  issue 
such   incorporated  town,  to  secure  the  payment  of  the  sum 

or  sums  so  borrowed,  may  issue  bonds  in  the  corporate  name 
of  such  town,  to  be  denominated  u  school  bonds  of  the  town 

of ,"  not  to  exceed  in  the  aggregate  the  sum  of  fifty  Amount. 

thousand  dollars,  payable  in  not  more  than  thirty  years, 
bearing  interest  not  to  exceed  the  rate  of  four  per  centum 
per  annum,  pledging  the  faith  and  credit  of  such  town  for 
payment  thereof,  which  bonds  shall  be  sold  the  highest 
bidder  at  not  less  than  par  value;  provided,  however,  that  Proviso. 
the  purchase  of  lands  for  such  purposes  and  the  erection  of 
school-houses  with  the  money  so  borrowed  shall  be  under 
the  direction  and  control  of  the  board  of  education  of  such 
town. 

3.  The  common  council  or  other  governing  body  of  said   paymentof 
town  shall   provide  for  the  payment  of  the   principal  and 
interest  of  said  public  school  bonds  in  the  manner  and  under 

the  regulations  prescribed  for  the  raising  of  public  revenues 
in  such  incorporated  town. 

4.  If  the  charter  of  any  such  incorporated  town  in  this  when  provisions 

•     it    •••'••'     t  •  i         °f act  shall  not 

state  shall  limit  the  amount  of  indebtedness  that  may  be  hereafter  be  held 

to  3-pply. 

incurred,  or  by  its  terms  prevent  the  carrying-out  of  the 
provisions  of  this  act,  the  same  shall  not  hereafter  be  held 
to  apply  to  the  raising  of  money  under  the  provisions  of 
this  act,  any  other  law  to  the  contrary  notwithstanding. 

[Insert  on  page  118. ~\ 


[Insert  at  page  134^} 

1.  \Vheneveritshallappearbytheannual  school  ceusus  voters  to  deter- 
that   there  are  between  eight  hundred  and  fifteen  hundred  "umVe^of"" 
children  of  legal  school  age  in  any  school  district  now  euti-  £"""1896,  chap. 
tied  by  law  to  have  but  three  trustees,  then  it  shall  be  law-  z 

ful  for  the  legal  voters  of  the  said  district  at  their  next 
annual  meeting  for  the  election  of  school  trustees  to  deter- 
mine by  a  majority  vote  of  those  present  whether  the  num- 
ber of  school  trustees  shall  or  shall  not  be  increased  to  five. 

2.  In  case  it  be  decided  to  increase  the  number  of  school   Election  of  trus- 

tees and  term  of 

trustees  in  any  such  school  districts  to  five,  then  the  said  office. 
legal  voters  shall  proceed  to  elect,  in  the  manner  in  which 
school  trustees  are  now  elected,  two  additional  trustees,  one 
to  hold  office  for  two  years  and  one  for  three  years,  and 
annually  thereafter  a  trustee  or  trustees  shall  be  elected  for 
the  term  of  three  years,  and  to  fill  the  places  of  those  whose 
terms  expire. 

3.  It  shall  be   the  duty  of  the  district  clerk  in  districts  Duties  of  district 
coming  within  the  provision  of  the  first  section  of  this  act, 

in  his  notice  for  the  annual  meeting  of  school  trustees  to 
insert  a  notice  that  there  are  within  the  district  between 
eight  hundred  and  fifteen  hundred  children  of  legal  school 
age,  and  that  it  will  be  determined  at  said  annual  meeting 
whether  the  said  board  of  school  trustees  shall  consist  of 
three  or  five  ;  provided,  further,  that  no  vote  shall  be  taken  Proviso 
on  this  subject  unless  public  notice  shall  have  been  given  as 
herein  provided  for. 


Who  to  consti- 
tute board  of 
trustees  of  the 
teachers'  retire- 
ment fund. 
P.  L.  1896, chap. 
32- 


Organization  of 
board. 


Board  of  trustees 
to  have  charge 
of  fund,  etc. 


When  teachers 
may  be  retired 
and  annuity 
granted. 


Proviso. 


Proviso. 


1.  The  state  superintendent  of  public  schools,  the  mem- 
bers of  the  state  board  of  education,  and  two  representatives, 
to  be  selected  annually  by  the  public  school  teachers  at  the 
regular  meeting  ol  the  state  teachers'  association,  shall  con- 
stitute a  board  of  trustees  that  shall   be  known  as   "  the 
board  of  trustees  of  the  teachers'  retirement  fund.57 

2.  They  shall  organize  as  such  board  by  choosing  one  of 
their  number  as  chairman  and  one  as  secretary;  the  state 
treasurer  shall  be  ex-officio  treasurer  of  such  fund ;  such 
board  of  trustees  shall  have  charge  of  and  administer  said 
fund  as  they  shall  deem  most  beneficial  to  such  fund  and  to 
the  beneficiaries  thereof,  and  order  payments  therefrom  ac- 
cording to  the  provisions  of  this  act;  they  shall  report  an- 
nually to  the  legislature  the  condition  of  such  fund,  and  the 
receipts  and  disbursements  on  account  of  the  same,  with  a 
full  and  complete  list  of  the  beneficiaries  of  said  fund  and 
the  amounts  paid  to  each  of  them. 

3.  Whenever  any  teacher  entitled  to  the  benefits  of  this 
act  has  taught  in  the  public  schools  of  this  state  for  a  period 
of  twenty  (20)  years,  and  shall  become  incapacitated  from 
performing  the  duties  of  a  teacher,  such  teacher  shall,  at  his 
or  her  request,  or  may,  at  the  discretion  of  the  board  of 
trustees  of  the  teachers'  retirement  fund,  without  such  re- 
quest, be  retired  as  a  teacher,  and  shall  thereafter  receive  an 
annuity  out  of  said  fund  of  a  sum  equal  to  one-half  of  the 
average  annual  salary  received  for  the  five  (5)  years  imme- 
diately preceding  the  time  ot  retirement;  provided,  that  no 
annuity  granted  under  this  act  shall  be  less  than  two  hun- 
dred and  fifty  (250)  dollars  or  more  than  six  hundred  (600) 
dollars,  but  in  case  any  teacher  should  be  retired  within  five 
(5)  years  after  the  passage  of  this  act,  he  or  she   must,  in 
order  to  receive  the  benefits  thereof,  pay  into  the  fund  pro- 
vided for  in  this  act  a  sum  equal  to  twenty  per  centum  of  his 
or   her   annual  salary  at  time  of  retirement;    and  provided 
further,  that  if  at  any   time  there  shall    not    be  sufficient 
money  in   said  fund  to  pay  the  warrants  drawn   thereon  as 
presented  for  payment,  the  treasurer  shall  register  said  war- 
rants, and  mark   on  the  back  of  each   these  words :  u  Pre- 
sented for  payment  this  (giving  day,  month  and  year),  and 
not  paid  for  want  of  funds.     Treasurer  of  state  of  New  Jer- 


sey  ;"  and  such  warrants  shall  be  paid  in  the  order  of  regis- 
tration and  bear  interest'  at  five  per  centum  per  annum  from 
date  of  registration. 

4.  Any  teacher  that  shall  have  been  a  contributing  mem- 

ber  for  five  (5)  years  or  more,  who  shall  resign,  or  be  other-  °nftoTh°eUfunPdaid 
wise  honorably  retired,  shall,  upon  application  within  three 
(3)  months  after  date  of  such  retirement,  be  entitled  to  and 
shall  receive  one-half  of  the  total  amount  paid  by  him  or 
her  into  said  funds. 

5.  The   public  school  teachers'   retirement   fund   herein 
provided  shall  consist  of  the  following,  with  the  income 
and  interest  thereof: 

(1.)  The  board  of  education  of  each  municipality  and 
the  board  of  trustees  in  every  school  district  or  town- 
ship  outside  of  such  municipalities,  on  the  expiration  of 
one  month  after  the  time  when  this  act  shall  take  effect, 
shall  reserve  monthly  and  pay  over  to  the  state  treasurer 
one  per  centum  of  the  salaries  or  annuities  paid  each 
month  to  the  teachers  who  shall,  prior  to  such  date,  elect  to 
come  under  the  provisions  of  this  act; 

(2.)  All    moneys    and    property    received    by  donation,   Moneys  received 

*  by  donation,  etc. 

legacy,  gift,  bequest  or  otherwise,  for  or  on  account  of 
said  fund ; 

(3.)  All  other  methods  of  increment  as  may  be  duly  and  AH  others. 
legally  devised  for  the  increase  of  said  fund. 

6.  In  addition    to  the    powers  hereinbefore    granted  to  Powers  of  board. 
said  board,  it  shall  have  the   further  power,  first  to  sub- 
poena and  compel  witnesses  to  attend  and  testify  before  it  in 

all  matters  relating  to  the  operations  of  this  act,  and  any 
member  of  said  board  may  administer  an  oath  or  affirmation 
to  such  witness,  in  the  form  prescribed  in  courts  of  justice; 
second,  to  provide  for  the  payment  out  of  said  fund  of  all 
needful  expenses,  but  the  members  of  said  board,  as  such, 
shall  serve  without  compensation. 

7.  This  act  shall    be    binding   only  upon    public  school   upConbiteacnhSers 
teachers  who,  after  the  passage  of  this  act,  shall  sign  and   signing  notice 
deliver    to   the   board    of    education    of  the    municipality, 

district  or  township  in  which  they  are  employed,  a 
notice  in  substantially  the  following  form  : 


Form  of  notice 
or  agreement. 


Notice  to  be 
given  three 
months  after 
passage  of  act 
to  entitle  to 
benefits. 


Notices  ;  to 
whom  delivered. 


,  1895. 

To   the    board    of    education    (or    trustees,    as   the   case 

may    be)   of :     You    are     hereby     notified 

that  I  agree  to  be  bound  by,  and   desire  to  avail   myself 
of,  the  provisions  of  the   act   of   the   legislature  of  New 

Jersey,    approved ,  eighteen     hundred    and 

ninety  ,  entitled  "  An    act  to   amend    an    act  entitled 

'An   act   to   establish    a   system   of    public   instruction    in 
state  of  New  Jersey.7 " 

> 
Public  School  Teacher. 

And  no  teacher  employed  in  the  public  schools  of 
this  state  at  the  time  of  the  passage  of  this  act,  failing 
to  give  such  notice  within  three  months,  shall  be  enti- 
tled to  any  benefits  under  this  act  or  subject  to  any  of 
its  burdens;  and  no  teacher  employed  after  the  passage 
of  this  act,  who  within  one  year  after  such  employment, 
fails  to  give  such  notice,  shall  share  the  benefits  of  or 
be  subject  to  the  burdens  of  this  act ;  such  notices 
shall  be  delivered  to  the  local  board  of  education,  and, 
at  the  same  time,  a  duplicate  copy  of  the  same  shall  be 
sent  to  the  board  of  trustees  of  teachers'  retirement 
fund,  and  preserved  as  a  record  for  their  information.  ' 


Sections  369,  370,  371  and  372  of  the  School  Law,  edition 
of  1895,  are  repealed. 


1.  That  whenever  the  board  of  education  or  other  body  cuies  may  make 

J     appropriation  for 

having  charge   of   the  public  schools  in  any  city   of   the  JJJJ'jyjf yj111*" 
second  class  in  this  state  shall,  by  resolution,  determine  that  scho01  purposes. 

•,          .  .    ,         , *       ,  .        P.  L.  1896,  chap. 

the  property  or  buildings  devoted  to  high  school  purposes  in  **.i  *• 
such  city  are  improperly  located,  or  said  buildings  are  un- 
sanitary, inadequate  or  otherwise  unsuitable  for  high  school 
purposes  in  said  city,  by  certificate  signed  by  the  president, 
secretary  or  clerk  of  said  board  body,  it  shall  be  lawful  for 
the  common  council  or  other  governing  body  of  such  city  or 
board  having  charge  of  the  finances  of  such  city,  by  resolu- 
tion, to  appropriate  such  sum  of  money,  not  exceeding  one  Amount. 
hundred  and  eighty  thousand  dollars,  as  they,  in  their  dis- 
cretion, shall  determine,  for  the  purchase  of  lands  and  the 
erection  of  buildings  or  for  the  repair  and  improvement  of 
buildings  used  or  to  be  used  for  high  school  purposes. 

2.  Such  city,  by  or  through  its  common  council  or  other  May  borrow 

.  /•      i  money  and  issue 

governing  body,  or  board  having  charge  of  the  finances  of  bonds. 
such  city,  may,  from  time  to  time,  or  at  once,  as  may  be  deemed 
most  advantageous  for  the  credit  of  such  city,  borrow  the 
money  so  appropriated  by  the  common  council  or  other  gov- 
erning body  of  such  city,  pursuant  to  the  provisions  of  this 
act,  and  may  issue  bonds  of  such  city  to  the  amount  so  ap- 
propriated and  may  negotiate  and  sell  the  same  at  any  sum 
not  less  than  par ;  and  the  money  so  raised  by  the  sale  of 
such  bonds  shall,  upon  the  books  of  the  said  city,  be  carried 
to  the  credit  of  the  board  of  education  or  other  governing 
body  having  charge  of  the  public  schools  of  such  city,  to  be 
used  by  such  board  or  body  for  the  purposes  provided  for  in 
this  act  and  for  no  other  purposes  whatsoever;  said  bonds  so 
to  be  issued  shall  be  made  payable  in  not  less  than  twenty 
nor  more  than  thirty  years,  shall  bear  interest  at  a  rate  not 
greater  than  four  per  centum  per  annum,  payable  semi- 
annually,  and  may  be  registered  or  coupon  bonds  or  may  be 
registered  and  coupon  bonds  combined,  at  the  option  of  the 
city;  and  there  shall  be  raised  by  tax  in  each  year  the  in-  In.terest» how 
terest  on  the  whole  amount  of  the  bonds  so  issued,  together 
with  at  least  three  per  centum  per  annum  for  the  purposes 
of  a  sinking  fund,  to  be  paid  to  the  commissioners  of  the 
sinking  fund  of  said  cities  for  the  purpose  of  meeting  the 
said  bonds  as  they  may  become  due. 


Board  of  educa- 
tion to  purchase 
lands,  erect 
buildings,  &c. 


Proviso. 


Moneys  raised 
by  sale  of  bonds  ; 
how  carried. 


Warrants ;  how 
stamped  or 
printed. 


Act  inoperative 
until  adopted  by 
legal  voter*  at 
charter  elections. 


3.  When,  pursuant  to  the  provisions  of  this  act,  the  com- 
mon  council  or  other  governing   body  of  any  such  city  or 
board  having  charge  of  the  finance  of  such  city,  shall  have 
appropriated  for  the  purpose  of  this  act  any  sum  or  sums  of 
money,  it  shall  be  the  duty  of  the  board  of  education  or 
other  body  having  control  of  the  schools  of  such  city  to  at 
once  proceed  to  purchase  lands  and  erect  buildings  suitable 
and  adequate  for  high  school  purposes  in  said  city,  or  to  re- 
construct, repair,  improve  such  buildings;  provided,  however, 
that  no  laud  shall   be  purchased  for  the  purpose  of  erecting 
thereon  a  high  school,  except  with  the  concurrence  and  ap- 
proval of  the  common   council  or  other  governing  body  of 
such  city  or  board   having  charge  of  the  finances  of  such 
city,  which  concurrence  shall  be  expressed  by  resolution  of 
the  said  common  council  or  other  governing  body  or  board 
having  charge  of  the  finances  of  such  city,  and  the  title  to 
all  lands  so   purchased  shall   be   in  the  corporate  name  of 
such  city. 

4.  All  the  moneys  raised  by  the  sale  of  bonds,  or  other- 
wise, pursuant  to  the  terms  of  this  act,  and  carried   to  the 
account  of  the  board  of  education  or  other  body  having 
charge  of  the  public  schools  in  any  city  of  the  second  class 
in  this  state,  shall  be  carried  in  an  account  to  be  designated 
"High   School   Construction   Account/'   and    all   warrants 
drawn  by  the  board  of  education  or  other  body  having  con- 
trol of  the  public  schools  in  any  such  city  upon  this  account 
shall  have  stamped  or    printed  thereon  conspicuously  the 
words  "  High  School  Construction  Account,"  and  such  war- 
rants in  other  respects  shall  conform  to  the  warrants  now 
required  by  law  for  the  drawing  of  moneys  from  the  city 
treasury  or  the  construction  of  other  school  buildings  in  such 
cities. 

5.  This  act  shall  take  effect  immediately,  but  its  provi- 
sions shall  remain  inopeiative  in  any  such  city  until  assented 
to  by  a  majority  of  the  legal  voters  thereof  voting  at  an 
annual  charter  election  to  be  held  in  such  city,  of  which  the 
city  clerk  of  such  city  shall  cause  public  notice  of  the  time 
and   place  of  holding  the  same  to  be  given,  by  advertise- 
ments signed  by  himself  and  set  up  in  at  least  twenty  public 
places  in  such  city,  and   published  in   two  or  more  daily 


newspapers  printed  therein,  for  at  least  six  days  previous  to 
the  day  of  such  election;  and  that  such  assent  or  assents 
shall  be  expressed  upon  the  regular  ballots  to  be  used  at 
such  election  by  the  words  printed  or  written,  or  partly 
printed  and  partly  written,  "  For  the  adoption  for  this  city 
of  the  provisions  of  an  act  entitled  'An  act  concerning  cities 
of  the  second  class  in  this  state,  and  providing  for  the  pur- 
chase of  lands  and  the  construction  and  repair  of  buildings 
for  high  school  purposes  in  such  city/ "  or  "Against  the 
adoption  for  this  city  of  the  provisions  of  an  act  entitled 
'An  act  concerning  cities  of  the  second  class  in  this  state, 
and  providing  for  the  purchase  of  lands  and  the  construc- 
tion and  repair  of  buildings  for  high  school  purposes  in  such 
city/  "  and  the  election  officers  shall  return  to  the  common 
council,  or  other  legislative  body  of  such  city,  a  true  and 
correct  statement  in  writing,  under  their  hand,  of  the  result 
of  said  submission,  the  same  to  be  entered  at  large  upon  the 
minutes  of  said  body;  and  upon  such  adoption,  and  not 
otherwise,  this  act  shall  in  all  respects  be  and  become  opera- 
tive in  such  city. 

[ Insert  on  page  11% '.] 


Rules  and  Regulations 

Prescribed  by 

The  State  Board  of  Education. 

1896. 


Rules  for  the  State  and  County 
Examinations. 


Prescribed  by  the  State  Board  of  Education  in  Conformity  with 

the  Act  Entitled  "An  Act  to  Establish  a  System  of 

Public  Instruction,"  Section  2,  Clause  i. 


I.    GENERAL   INSTRUCTIONS    RELATING   TO   BOTH   STATE    AND 
COUNTY   CERTIFICATES. 

1.  No  person  shall  be  employed  as  a  teacher  by  any  board  of  edu- 
cation unless  he  holds  a  regular  teacher's  certificate  in  full  force  and 
effect  at  the  time  that  the  engagement  is  made.     Any  person  accepting 
a  position  as  a  teacher  in  any  school  in  this  state  shall,  before  taking 
charge  of  such  school,  exhibit   his  or   her  certificate  to  the  county 
superintendent  of  the  county  in  which  such  school  is  situated ;  and 
the  board  of  education  shall,  within  five  days  after  making  a  contract 
with  a  teacher,  report  to  the  county  superintendent  the  name  of  such 
teacher,  the  length  of  time  for  which  he  or  she  is  employed,  the  kind 
and  grade  of  certificate  held  by  said  teacher,  the  amount  of  salary 
and  the  times  of  payment,  and  any  contract  entered  into  between  any 
teacher  and  any  board  of  education  shall  not  be  valid  until  the  require- 
ments of  this  rule  are  complied  with.     It  shall  be  the  duty  of  the 
county  superintendents  to  keep  a  record  of  such  certificates. 

2.  Any  person  desiring  to  obtain  a  position  as  a  teacher  in  any 
school  in  this  state  between  the  dates  of  the  regular  examinations,  and 
who  is  not  in  possession  of  a  regular  certificate  in  full  force  and  effect, 
may  obtain  from  the  state  or  county  board  of  examiners  a  provisional 
certificate,  good  in  the  subjects  it  covers  until  the  next  regular  exami- 
nation in  those  subjects;  provided,  that  such  provisional   certificate 
shall  not  be  renewed  or  extended ;  and  provided,  that   the  applicant 
have  an  appointment  depending  on  the  certificate. 

(3) 


RULES  AND  REGULATIONS. 


3.  No  certificate  shall  be  issued  to  a  teacher  whose  average  in  any 
subject  covered  by  the  examination  falls  below  70. 

4.  All  candidates  are  required  to  furnish  testimonials  as  to  their 
moral  character,  and  as  to  the  times  and  places  in  which  they  may 
have  taught,  and   their  success  in  teaching.     Such  testimonials  shall 
be  retained  by  the  board  of  examiners  and  form  part  of  their  perma- 
nent records. 

5.  Any  certificate  may  be  revoked  for  cause,  either  by  the  board 
which  issued  it  or  by  the  state  board  of  examiners.     Every  such  case 
shall  be  reported  to  the  state  board  of  education  in  writing. 

6.  Every  board  of  examiners  shall   keep  a  full  and  correct  list  of 
all  certificates  issued,  together  with   the  names  and  addresses  of  the 
holders.     Such  list  shall  be  transmitted   to  the  state  superintendent 
within  ten  days  after  every  examination,  and  shall  be  printed  as  part 
of  the  annual  report  of  that  officer. 

7.  In  all  examinations  for  teachers'  certificates  the  diploma  of  a 
college  in  good  standing  shall  be  accepted  in  lieu  of  an  examination 
in  the  academic  subjects  prescribed. 

8.  The  state  board  of  examiners  may  indorse  the  diploma  of  any 
normal  school  or  training  college  or  the  permanent  certificate  issued 
by  a  state  superintendent,  or  board  of  examiners,  of  another  state, 
when  the  course  of  study  of  such  normal  school  or  training  college, 
or  the  requirements  for  such  certificates,  are,  in  the  judgment  of  the 
state  board  of  examiners,  equivalent   to  those  required    for  similar 
diplomas  or  certificates  in  this  state,  and  provided,  that  such  other 
state  shall  grant  reciprocal  privileges  to  those  holding  certificates  from 
this  state;    and  when  so  indorsed,  such   diploma  or  certificate  shall 
have  full  force  and  effect  as  if  issued  in  this  state. 

9.  With  the  exception  of  reading,  elocution,  music,  school  gymnas- 
tics, drawing  and  manual  training,  all  examinations  are  to  be  con- 
ducted in  writing. 

10.  A  special  average  will  be  given  for  correctness  in  orthography 
and  composition  and  for  neatness  and  order  in  the  general  appearance 
of  the  examination  papers.     Special  credit  marks  will  be  given  for 
ability  to    teach   elocution,  music,  school   gymnastics,  drawing   and 
manual  training. 

11.  Any  board  of  examiners  shall  accept  from  any  applicant  for  a 
second  or  first  grade  county  certificate,  or  for  any  state  certificate,  any 
certificate  of  any  grade,  in  full  force  and  effect  at  the  time  the  appli- 


RULES  AND  REGULATIONS. 


cation  is  made,  in  lien  of  further  examination  in  the  academic  subjects 
covered  by  said  certificate;  provided,  that  the  applicant  shall  have 
attained  a  general  average  of  85  per  cent.,  and  shall  present  satisfac- 
tory evidence  of  having  been  a  teacher  in  good  standing  during  the 
time  subsequent  to  the  granting  of  said  certificate. 

12.  Applicants  for  employment  as  special  teachers  to  give  instruc- 
tion in  any  subject  not  prescribed  in  the  certificates  granted  by  the 
state  or  county  boards  of  examiners,  may  be  examined  by  the  board 
of  examiners  in  such  subject,  and  when  satisfied  of  the  fitness  of  the 
applicant  to  teach  any  of  the  branches  referred  to,  said  board  of  ex- 
aminers may  issue  a  special  certificate  to  said  applicant.  Such  certifi- 
cates shall  remain  in  force  three  years,  and  shall  be  valid  as  licenses 
to  teach  the  subjects  for  which  they  are  issued,  within  the  jurisdiction 
of  the  board  of  examiners  granting  the  certificates. 


II.   COUNTY   EXAMINATIONS. 

13.  The  county  superintendent,  together  with  those  persons  whom 
he  may  appoint  as  county  examiners,  shall  hold  three  stated  meetings 
during  each  year  for  the  examination  of  teachers,  in  such  places  in  the 
county  as  are  most  convenient  of  access  to  the  teachers.  The  first  ex- 
amination shall  be  held  on  the  first  Friday  and  Saturday  in  October; 
the  second  on  the  first  Friday  and  Saturday  in  February,  and  the 
third  on  the  first  Friday  and  Saturday  in  May  ;  provided,  that  when 
any  of  these  days  falls  upon  a  legal  holiday  the  examination  shall  be 
postponed  one  week.  The  October  and  February  examinations  shall 
be  for  second  and  third  grade  certificates,  and  the  May  examination 
for  first,  second  and  third  grade  certificates.  At  the  May  examination 
the  subjects  shall  be  given  on  the  days,  and  in  the  order  following: 

Friday — (1)  Penmanship,  (2)  orthography,  (3)  arithmetic,  (4) 
geography,  (5)  grammar,  (6)  reading,  (7)  temperance  physiology, 
(8)  theory  and  practice. 

Saturday — (All  grades.}  (1)  Temperance  physiology  and  physiology, 
(2)  theory  and  practice,  (3)  -school  law  of  New  Jersey;  second  grade — 
(4)  history,  (5)  composition,  (6)  book-keeping -,  first  grade — (4)  history 
of  education,  (5)  algebra,  (6)  civics,  (7)  physics. 

At  the  October  and  February  examinations  the  order  for  second 
and  third  grade  subjects  shall  be  as  above  given. 


6  RULES  AND  REGULATIONS. 

It  is  recommended  that  examinations  be  completed  on  the  days 
named.  Still  it  will  be  the  privilege  of  the  board  of  examiners  to 
allow  any  applicant  for  a  third  grade  certificate  to  postpone  examina- 
tion on  temperance  physiology  and  theory  and  practice  of  teaching 
until  the  morning  of  the  following  day  (Saturday).  Also,  to  permit 
any  applicant  for  a  first  or  a  second  grade  certificate  to  take  theory 
and  practice  of  teaching,  and  school  law  of  New  Jersey  on  the  after- 
noon of  the  previous  day  (Friday).  To  render  the  above  plan  practi- 
cable the  state  superintendent  shall  prepare  two  sets  of  questions  on 
the  following  subjects,  viz.,  temperance  physiology,  pkyewtagy,  theory 
and  practice  of  teaching,  and  school  law  of  New  Jersey.  In  case  an 
applicant  has  no  license  and  desires  a  second  grade  certificate,  it  is 
recommended  that  he  shall  take  all  third  grade  subjects  on  Friday  and 
all  second  grade  subjects  on  Saturday.  If  a  first  grade  is  applied  for 
then  all  the  subjects  that  .are  allowed  on  Friday  are  to  be  taken  on  that 
day,  and  those  remaining  on  Saturday.  Otherwise  he  will  be  required 
to  advance  from  grade  to  grade  at  different,  though  not  necessarily 
successive  examinations.  Applicants  who  are  required  to  be  examined 
in  one  or  more  of  the  professional  subjects  only  (theory  and  practice, 
school  Law  of  New  Jersey,  history  of  education)  are  required  to  be 
present  at  the  opening  of  the  session  on  Saturday. 

14.  A  teacher  holding  a  certificate  of  any  grade,  having  a  general 
average  not  Jess  than  85  per  cent.,  and  having  engaged  to  teach  in  a 
county  other  than   the  one  in  which  such  certificate  was  issued,  may 
secure  such  endorsement  as  will  render  it  valid  by  passing  an  exami- 
nation in  the  professional  subjects  of  his  grade  in  the  county  where 
employed. 

15.  The  county  superintendent  will  issue  certificates  of  the  three 
grades  to  be  known  respectively  as  the  first,  second  and  third  grade 
county  certificates.     County  certificates  of  the  first  grade,  issued  prior 
to   March   15th,  1893,  will  be  valid  in  any  part  of  the  State  during 
the  time  for  which  they  were  issued,  but  no  county  certificate  issued 
after  said  date  shall  be  valid  outside  of  the  county  in  and  for  which 
it  is  issued. 

16.  It  shall  be  the  privilege  of  any  teacher  holding  a  certificate  in 
full  force  and  effect  to  present  himself  at  not   more  than  two  sub- 
sequent examinations  of  corresponding  grade  for  the  purpose  of  im- 
proving his  record  in  any  subject  or  subjects ;  and  such  improvement 
shall  be  recorded  on  the  certificate  already  received.     This  concession 


RULES  AND  REGULATIONS. 


shall  serve  to  increase  his  general  average,  but  will  not  prolong  the 
term  for  which  the  certificate  was  originally  issued. 

17.    Special    certificates  for  each  grade  shall    be  issued  to  those 
teachers  whose  minimum  standing  in  any  one  branch  is  not  less  than 
80,  and  whose  general  average  in  all  the  studies  is  not  less  than  90, 
and  who  have  completed  the  prescribed  course  of  professional  reading ; 
provided,  said  teachers,  in  the  judgment  of  the  county  superintendent 
and  the  local  board  of  education,  shall  possess  exceptional  skill  in  the 
organization,  management  and  advancement  of  a  school.    The  aforesaid 
special  certificates  may  be  granted  at  any  time,  shall  bear  the  same 
date,  and  be  valid  for  the  same  term  as  the  regular  certificates  which 
they  replace.     They  are  authorized  as  a  measure  of  justice  to  teachers 
of  the  second  and  third  grades  who  evince  exceptional  aptitude  and 
skill  as  instructors ;  and  to  such  teachers  of  the  first  grade  as,  through 
experience,  progressiveness  and  devotion  to  duty  shall  achieve  marked 
distinction  as  educators.     They  are  also  designed  to  subserve  the  fur- 
ther purpose  of  furnishing  committees  and  boards  of  education  with 
reliable  evidence  of  professional  ability.     County  superintendents  are 
therefore  required  to  exercise  due  caution  and  discretion  in  their  issue. 
They  are  to  be  granted  in  no  case  until  after  a  careful  personal  super- 
vision and  inspection  of  school  work.     The  state  superintendent  shall" 
be  duly  notified  of  the  issue  of  all  said  special  certificates,  and  will 
,  keep  a  record  of  the  same  in  the  department  of  public  instruction. 
i>  The  regular  certificates,  known  simply  as  first,  second  and  third  grade, 
^  shall  be  regarded  as  indicating  the  same  degree  of  merit  as  heretofore. 
WH       18.  Candidates  for  the  third  grade  county  certificate  are  to  be  not 
^   less  than  eighteen  years  old.     No  experience   in    teaching  will    be 

<  required.  Applicants  for  third  grade  certificates  will  be  examined  in 
orthography,  reading,  penmanship,  geography,  arithmetic,  English 
gram  mar,  land  the  theory  and  practice  of  teaching.  The  certificate 
will  continue  in  force  for  one  year  from  date,  and  will  be  valid  as  a 
license  to  teach  in  an  ungraded  school  or  in  a  primary  school  or 
department.  The  third  grade  county  certificate  shall  not  be  issued  to 
the  same  person  more  than  three  times,  unless  said  teacher  shall  secure 
the  special  certificate.  In  this  case  he  will,  after  three  years,  be  enti- 
tled to  two  years'  renewal  of  the  same  by  passing  a  satisfactory  exam- 
ination each  year  in  theory  and  practice  of  teaching  and  school  law  of 
New  Jersey. 


RULES  AND  REGULATIONS. 


19.  Candidates  for  second  grade  county  certificates  are  to  be  not 
less  than  nineteen  years  old,  with  an  experience  in  teaching  of  not 
less  than  one  year.     The  examination  will  be  the  same  as  that  for  the 
third  grade  certificate,  with   the   addition   of   English    composition, 
physiology,  the  history  of  the  United  States,  school  law  of  New  Jer- 
sey, and  book-keeping.     The  certificate  will  continue  in  force  for  three 
years  from  date,  and  will  be  valid  as  a  license  to  teach  in  any  school 
or  department  not  above  the  grade  of  a  grammar  school.     Any  teacher 
who  shall  hold  either  a  special  or  an  ordinary  second  grade  certificate 
ghall,  at  the  end  of  the  term  for  which  it  was  issued,  be  entitled  to  a 
renewal  of  the  same  by  passing  a  satisfactory  examination  in  theory 
and  practice  of  teaching,  school    law  of  New  Jersey,  and   history  of 
education.     No  certificate  shall  be  renewed,  or  shall  be  issued  to  a 
teacher  whose  average  in  any  subject  covered  by  the  examination  falls 
below  70. 

20.  Candidates  for  first  grade  county  certificates  are  to  be  not  less 
than  twenty  years  old,  with  an  experience  in  teaching  of  not  less  than 
two  years.     The  examination  will  be  the  same  as  that  for  the  second 
grade  certificate,   with   the  addition  of  algebra,  physics,  history   of 
education,  and  civics.     The  certificate  will  remain  in  force  for  five 
years  from  date,  and  will  be  valid  as  a  license  to  teach  in  any  school 
or  department  in  the  county.     A  first  grade  county  certificate  may  be 
renewed  without  a  re-examination,  but  only  in  the  county  in  which  it 
was  originally  issued. 

21.  In  view  of  the  growing  popularity  and  superior  effectiveness 
of  departmental  instruction,  it  is  further  required  that  county  super- 
intendents  shall    by   all    the  opportunities   afforded   them    ascertain 
whether  certain   teachers  are,  through    natural    taste,   aptitude   and 
acquirement,  especially   qualified    to   give   instruction    in    particular 
branches  or  departments;    and   when    he  shall    so  determine,  shall 
record  the  same  on  the  teacher's  license. 

22.  An  ungraded  school  is  defined  as  one  in  which  but  a  single 
teacher  is  eihployed.     A  graded  school  is  one  in  which  more  than  a 
single  teacher  is  employed,  and  which  is  divided  into  at  least  two 
departments.     A  primary  school  or  department  is  defined  as  one  hav- 
ing the  first  four  years  of  the  usual  school  curriculum,  consisting  of 
studies  similar  to  those  prescribed  in  the  primary  department  of  the 
State  Model  School.     A  grammar  school  or  department  is  defined  as 
one  having  the  second  four  years  of  the  usual  school  curriculum,  con- 


RULES  AND  REGULATIONS.  9 

sisting  of  studies  similar  to  those  prescribed  in  the  grammar  depart- 
ment of  the  State  Model  School.  A  high  school  is  defined  as  a  school, 
the  curriculum  of  which  includes  more  advanced  instruction  than  that 
of  a  grammar  school,  as  herein  defined. 

23.  A  new  set  of  questions  shall  be  prepared  for  each  county  exami- 
nation  under    the   direction    of   the   state   superintendent    of  public 
instruction,  and  ten  questions  will  be  given  in  each  study.     Since  all 
examinations  are  held  on  two  consecutive  days,  the  questions  assigned 
to  each  shall  be  printed  on  different  sheets  and  forwarded  to  county 
superintendents  in  separate  packages.     Each   package  shall   remain 
sealed  until  opened  on  the  day  of  the  examination  in  the  presence  of 
the  candidates.     No  special  examination  shall  be  held  unless  the  con- 
sent of  the  state  superintendent  of  public  instruction   has   been  first 
obtained,  and   no  questions  shall   be  used  at  any  regular  or  special 
examination  except  those  issued  or  approved  by  the  state  superintend- 
ent.    County    superintendents,  on    granting    certificates   at    special 
examinations,  may  grant  them  in  the  usual  form ;  or,  if  they  deem  it 
advisable,  they  may  grant  them  to  be  good  only  until  the  next  regular 
examination. 

24.  Upon  each  county  certificate  shall  be  written  the  special  average 
in  each  study  gained  by  the  holder,  and  his  or  her  general   average, 
each  marked  as  a  percentage  upon  the  scale  of  100. 


III.    STATE   EXAMINATIONS. 

25.  The  state  board  of  examiners  will  grant  certificates  of  three 
grades,  to   be  called   respectively  first,  second  and  third  grade  state 
certificates,  the  third  or  lowest  grade  ranking  one  degree  above  the 
highest  grade  issued   by  a  county  board  of  examiners.     Two  exami- 
nations for  state  certificates,  and  only  two,  shall  be  held  each  year,  in 
the  city  of  Trenton,  beginning  on  the  first  Thursdays  of  June  and 
December  respectively.     These  examinations  shall  be  public,  and  the 
questions   used  shall   be  approved  formally   by  each   member  of  the 
board  of  examiners. 

26.  Candidates  for  third  grade  state  certificates  are  to  be  not  less 
than  twenty  years  old.     No  experience  in  teaching  will  be  required. 
They  will   be  examined  in  all  the  subjects   required  for  a  first  grade 
county  certificate,  together  with  psychology,  plane  and  solid  geometry, 


10  RULES  AND  REGULATIONS. 

chemistry,  geology,  botany  and  free-hand  drawing.  The  certificate 
will  remain  in  force  for  seven  years  from  date,  and  will  be  valid  as  a 
license  to  teach  in  any  school  in  the  state.  It  may  be  renewed  with- 
out re-examination. 

27.  Candidates  for  second  grade  state  certificates  are  to  be  not  less 
than  twenty-one  years  of  age,  with  an  experience  in  teaching  of  not 
less  than   two  years.     The  examination  will  be  the  same  as   that 
required  for  a  third  grade  state  certificate,  together  with  the  philoso- 
phy of  education  and  the  principles  of  manual  training  and  physical 
training.     The  license  will  remain  in  force  for  ten  years  from  date, 
and  will  be  valid  as  a  license  to  teach  in  any  school  in  the  state.     It 
may  be  renewed  without  re-examination. 

28.  Candidates  for  first  grade  state  certificates  are  to  be  not  less 
than  twenty-five  years  old,  with  an  experience  in  teaching  of  not  less 
than  five  years.     Candidates  will  be  required  to  present  satisfactory 
evidence  that  their  teaching  has  been  in  every  way  successful.     The 
examination  will  be  the  same  as  that  required  for  the  second  grade 
certificate.     The  certificate  will  remain  in  force  during  the  life  of  the 
holder,  unless  revoked  for  cause  (see  Rule  5),  and  will  be  valid  as  a 
license  to  teach  in  any  school  in  the  state. 

29.  Graduates  of  the  State  Normal  School  who  have  completed  the 
three  years'  course  shall  be  entitled  to  a  second  grade  state  certificate, 
good  for  life. 

IV.    COUNTY  SUPERLSTEXDEXT8. 

30.  It  shall  be  the  duty  of  each  county  superintendent  to  visit  the 
schools  in  his  county  as  often  as  may  be  necessary ;  provided,  that  he 
shall  visit  every  school  under  his  jurisdiction  at  least  once  in  each 
year ;   and  provided  further,  that  the   total   number   of  visits  made 
during  the  year  shall  equal  at  least  twice  the  number  of  schools  under 
his  jurisdiction ;  the  additional  visits  to  be  made  to  such  schools  as, 
in  his  judgment,  most  need  his  encouragement  and  advice. 

31.  He  shall  note  at  such  visits,  in  a  book  provided  for  the  pur- 
pose, to  be  designated  "  The  Superintendent's  Visiting  Book/'  the 
condition  of  the  school  buildings  and  out-houses,  the  appearance  and 
correctness  of  the  records  kept  in  the  school  registers,  the  efficiency 
of  the  teachers,  the  character,  record  and  standing  of  the  pupils,  the 
methods  of  instruction,  the  branches  taught,  the  text  books  used,  and 


RULES  AND  REGULATIONS.  11 

the  discipline,  government  and  general  condition  of  each  school ;  and 
from  the  notes  thus  taken  he  shall  ascertain  and  report  the  relative 
grade  of  merit  of  each  school. 

32.  He  shall  labor  in  every  practicable  way  to  elevate  the  standard 
of  teaching  and  to  improve  the  condition  of  the  schools  in  his  county  ; 
shall  give  such  directions  in  the  science,  art  and  methods  of  teaching 
as  he  may  deem  expedient,  and  shall  be  the  official  adviser  and  con- 
stant assistant  of  the  school  officers  of  his  county. 

33.  He  shall  distribute  promptly  all  reports,  forms,  laws,  circulars 
and  instructions  which  he  may  receive  from  the  state  superintendent 
or  the  state  board  of  education,  and  in  accordance  with  their  directions. 

34.  He   shall  take  care  that  the  decisions  of  the  state  superin- 
tendent or  the  state  board  of  education,  upon  controversies  relating 
to  the  school  laws  of  the  state,  or  to  the  rules  and   regulations  pre- 
scribed by  the  state  board   of  education,  be   complied  with  by  the 
parties  concerned  ;  and  in  case  such  decisions  are  not  complied  with, 
he  shall  inform  the  state  superintendent  thereof,  and  state  the  circum- 
stances connected  therewith. 

35.  He  shall  carefully  preserve  all  reports  of  school  officers  and 
teachers,  and  all   examination  papers  of  teachers  examined  by   the 
county  board  of  examiners,  and,  generally,  shall  carry  out  the  pro- 
visions of  the  law  u  Establishing  a  system  of  public  instruction,"  and 
the  rules  and  regulations  prescribed  by  the  state  board  of  education, 
and  at  the  close  of  his  official  term  shall  deliver  to  his  successor  all 
records,  books,  documents,  papers,  and  property  belonging  to  the  office. 

36.  No  county  superintendent  shall  act  as  agent  for  any  author, 
publisher  or  bookseller,  nor  directly  or  indirectly  receive   any  gift, 
emolument  or  reward  for  his  influence  in  recommending  or  procuring 
the   use  of  any  book,  or  school  apparatus,  or  furniture  of  any  kind 
whatever  in  any  public  school;  and  anyone  who  shall  violate  this 
provision  shall  be  subject  to  removal  from  office. 

37.  He  shall  meet  each  township  board  of  education  at  least  twice 
each  year,  which  meetings  shall  be  held  at  such   times  and  places  as 
he  may  appoint. 

38.  He  shall  ascertain  from  the  township  collectors,  within  five 
days  after  the  annual  town  meetings,  the  amount  of  school  tax  ordered 
to  be  assessed  in  each  township,  and  on  or  before  the  fifteenth  day  of 
May  of  each  year,  he  shall  apportion,  according  to  law,  to  the  several 
townships  and  school  districts  of  his  county,  all  the  school  moneys  to 


12  RULES  AND  REGULATIONS. 

which  they  are  entitled   for  the  following  year,  whether  received  by 
state  appropriation  or  ordered  to  be  assessed  as  township  school  tax. 

39.  It  shall  be  the  duty  of  the  district  clerk  of  any  school  district 
to  deposit  with  the  township  collector,  or  other  legal  custodian,  all 
moneys  received  by  the  board  of  education,  from  tuition,  loans,  pro- 
ceeds from  the  sale  of  bonds,  or  other  school  property,  or  from  any 
other  source,  and  disburse  the  same  only  by  orders  upon  the  collector 
of  the  township  in  which  said  school-house  is  located  ;  and  in  case  of 
the  refusal  of  a  district  clerk  to  comply  with  the  above,  it  shall  be 
the  duty  of  the  county  superintendent  to  serve  the  collector  with  a 
written  notice  forbidding  him  to  honor  any  drafts  against  the  state 
moneys  until  the  provisions  of  this  rule  be  complied  with. 

40.  Every  county  superintendent  shall   encourage  and  assist  in  the 
organization  and  management  of  county  institutes,  as  the  committee 
on  education  may  direct,  and  be  present  at  and  preside  over  the  same. 

41.  Every  county  superintendent  shall,  in  the  manner  now  pro- 
vided by  law,  prepare  and  establish  a  uniform  course  of  study  in  the 
schools  under  his  supervision,  and  he  shall  adopt  a  uniform  system  of 
examinations,  by  which  the  promotion  of  pupils  from  grade  to  grade 
and  the  requirements  for  final  graduation  shall  be  determined.     The 
aforesaid  course  of  study  and  questions  for  final  examination  shall  be 
submitted  to  the  state  superintendent  for  his  approval. 

42.  Every  county  superintendent  shall,  by  such  means  as  he  shall 
deem  most  practicable,  establish  a  county  pedagogical  library,  and  he 
shall  designate  courses  of  pedagogical  reading  aad  a  system  uf  cjuimi" 
naties^  subject  to  the  approval  of  the  state  superintendent,  for  the 
several  grades  of  teachers  under  his  supervision. 

43.  The  state  superintendent  shall  prepare,  have  printed  and  fur- 
nish blank  diplomas  to  be  awarded  by  county  superintendents  to  all 
pupils  who  shall  successfully  complete  the  prescribed  course  of  study, 
also  diplomas  suitable  to  be  granted  to  such  teachers  as  shall,  from 
copious  notes  from  the  same,  prove  that  they  have  intelligently  com- 
pleted the  course  of  professional  reading  adapted  to  their  respective 
grades. 

44.  At  the  close  of  their  official  terms,  or  on  the  vacation  of  their 
office,  by  resignation  or  otherwise,  should  the  same  occur  during  the 
scholastic  year,  all  county  superintendents  shall  report  to  the  state 
superintendent  for  the  portion  of  the  year  that  may  have  expired,  as 
provided  for  in  the  forty-seventh  section  of  the  school  law,  with  refer- 


RULES  AND  REGULATIONS.  13 

ence  to  their  annual  reports ;  and  no  order  shall  be  given  for  their 
last  quarter's  salary  until  such  reports  are  received  in  a  manner  satis- 
factory to  the  state  superintendent. 

45.  That  in  case  of  the  failure  of  any  county  superintendent  to 
make  his  report  to  the  state  superintendent  on   the  first  day  of  Sep- 
tember, as  required  by  law,  the  state  superintendent  shall  not  give  to 
such  county  superintendent  any  order  for  the  payment  of  salary  for 
the  quarter  next  succeeding  such  delinquency,  except  by  special  reso- 
lution of  the  state  board  of  education  fbr  this  purpose. 

46.  All  teachers  are  required  to  attend  the  annual  institute  held 
for  the  county  in  which  they  are  teaching;  and  no  deduction  shall  be 
made  by  the  board  of  education  from  the  salary  of  any  teacher  for  the 
time  he  or  she  is  in  attendance  upon  said  institute. 

47.  When  it  is  within  the   knowledge  of  the  state  superintendent 
that  a  county  superintendent    is  not  attending   to  the  duties  of  his 
office,  he  shall  withhold  from  such  county  superintendent  orders  for 
his  quarterly  salary  until  the  board  shall   direct  such   orders   to   be 
drawn. 

48.  No  allowance  shall  be  made  for  office  rent  in  the  expenses  of 
the  county  superintendents. 

49.  Whenever  there  is  a  vacancy  in   the  office  of  county  superin- 
tendent, the  state  superintendent   is  hereby  authorized  to  appoint   a 
suitable  person  as  county  superintendent  pro  tempore ;  said  appoint- 
ment to  be  approved  by  the  president  of  the  state  board  of  education. 

50.  The  committee  on  education  shall  examine  into  the  qualifica- 
tions  of  candidates   for   the  position    of  county  superintendent,  by 
personal  interviews  with  such  candidates,  and  in  such  other  ways  as 
the  committee  may  determine,  and  shall  report  upon  the  same  at  the 
meetings  of  the  board  at  which  elections  of  county  superintendents 
are  to  take  place. 


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